Luna Nameplate Industries Pty Ltd Summary

[2013] FWCA 1663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Luna Nameplate Industries Pty Ltd
(AG2013/520)

LUNA NAMEPLATE INDUSTRIES ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 18 MARCH 2013

Application for approval of the Luna Nameplate Industries Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Luna Nameplate Industries Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Luna Nameplate Industries Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 25 March 2013. The nominal expiry date of the Agreement is 20 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Luna Nameplate Industries Pty Ltd, applied to the Fair Work Commission for the approval of the Luna Nameplate Industries Enterprise Agreement 2012. The dispute centred around the terms of the enterprise agreement between the employer and the employees represented by the United Voice union. The matter was heard in the Fair Work Commission of Australia.

The central legal issues for the Commission to decide were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion. Specifically, the Commission needed to determine if the agreement appropriately balanced the interests of both the employer and the employees, and if it met the criteria for being a “single, clear and comprehensive” agreement as required by the Act.

The Fair Work Commission examined the evidence and submissions from both parties. It considered the nature of the bargaining process, the content of the agreement, and whether it provided a fair and reasonable outcome for the employees. The Commission found that the agreement was made in good faith and without coercion, and that it complied with the statutory requirements. It was satisfied that the agreement was a single, clear and comprehensive document that adequately represented the interests of both parties. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Luna Nameplate Industries Enterprise Agreement 2012, finding that it met all the necessary legal criteria. The agreement was deemed to be fair and reasonable, and appropriately balanced the interests of the employer and the employees. The decision was made in accordance with the Fair Work Act 2009, and the agreement was accepted as a valid and enforceable enterprise agreement.

Luna Nameplate Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established