DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McKechnie Iron Foundry Pty Ltd
(AG2018/1127)

MCKECHNIE IRON FOUNDRY PTY LTD SINGLE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 17 AUGUST 2018

Application for approval of the McKechnie Iron Foundry Pty Ltd Single Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the McKechnie Iron Foundry Pty Ltd Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McKechnie Iron Foundry Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 23 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McKechnie Iron Foundry Pty Ltd applied to the Fair Work Commission for approval of a Single Enterprise Agreement 2018. The agreement was between the company and its employees, represented by the Metal Trades Industry Association. The primary focus of the dispute was whether the proposed agreement adequately met the legal requirements for approval under the Fair Work Act 2009. The court was required to examine whether the agreement was fairly negotiated, contained all mandatory terms, and did not include any unlawful content.

The central legal issues revolved around the fairness of the negotiation process, the comprehensiveness of the agreement in terms of including all necessary provisions, and the absence of any clauses that contravened the Act. The court considered whether the agreement had been genuinely negotiated and if it met the criteria for a single enterprise agreement. Furthermore, the court evaluated whether the agreement included all the required terms and conditions and whether any of its provisions were unlawful or contrary to public policy.

The Fair Work Commission found that the application for approval was valid and that the Single Enterprise Agreement 2018 met the necessary legal standards. The court determined that the agreement was fairly negotiated, contained all the mandatory terms, and did not include any unlawful provisions. Consequently, the Commission approved the agreement, recognising it as a lawful and binding contract between McKechnie Iron Foundry Pty Ltd and its employees. The decision underscores the importance of ensuring that all enterprise agreements comply with the Fair Work Act to protect the rights of both employers and employees.

McKechnie Iron Foundry Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established