Marshall Power Australia Pty Ltd

[2016] FWCA 2434

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Marshall Power Australia Pty Ltd T/A Exide Batteries

(AG2016/2646)

MARSHALL POWER ELIZABETH ENTERPRISE BARGAINING

AGREEMENT 2015

Manufacturing and associated industries

COMMISSIONER GREGORY

MELBOURNE, 18 APRIL 2016

Application for approval of the Marshall Power Elizabeth Enterprise Bargaining Agreement

2015.

[1] An application has been made for approval of an enterprise agreement known as the

Marshall Power Elizabeth Enterprise Bargaining Agreement 2015 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Marshall Power Australia Pty Ltd T/A Exide Batteries. The Agreement is a single

enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met.

[4] 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. In accordance

with s.201(2) I note that the Agreement covers the organisation.
[2016] FWCA 2434

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

25 April 2016. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2434

ANNEXURE A

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement, the Marshall Power Elizabeth Enterprise Bargaining Agreement 2015, made by Marshall Power Australia Pty Ltd trading as Exide Batteries. The application was lodged under section 185 of the Fair Work Act 2009, seeking approval for the agreement which would cover employees in the manufacturing and associated industries sector. The applicant provided written undertakings which the Commissioner deemed would not result in financial detriment to employees or substantial changes to the agreement.

The court was required to determine if the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly focusing on sections 186, 187, 188 and 190. The Commissioner had to ensure that the agreement would not negatively impact employees, and that it complied with the requirements for a single enterprise agreement. Additionally, the court had to consider whether the Australian Workers’ Union, acting as a bargaining representative, had given notice under section 183 of the Act that it wanted the agreement to cover its members.

After reviewing the application and the provided undertakings, the Commissioner found that the agreement satisfied all the relevant provisions of the Fair Work Act 2009. The Commissioner noted that the agreement covered the Australian Workers’ Union as per section 201(2) of the Act. Consequently, the agreement was approved and was set to operate from 25 April 2016, with a nominal expiry date of 30 September 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established