DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McKechnie Iron Foundry Pty Ltd
(AG2016/4642)

MCKECHNIE IRON FOUNDRY PTY LTD SINGLE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 7 SEPTEMBER 2016

Application for approval of the McKechnie Iron Foundry Pty Ltd Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the McKechnie Iron Foundry Pty Ltd Single Enterprise Agreement 2016 (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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2016. The nominal expiry date of the Agreement is 7 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The McKechnie Iron Foundry Pty Ltd Single Enterprise Agreement 2016 was brought before the court for approval. The dispute arose between the employer, McKechnie Iron Foundry Pty Ltd, and the employees, represented by the Australian Manufacturing Workers Union. The applicants sought to have the proposed agreement, which contained terms and conditions of employment, formally approved. This would render the agreement binding on all employees covered by the agreement, replacing any existing agreements.

The court was required to determine whether the agreement complied with the relevant legislative provisions under the Fair Work Act 2009. Specifically, the court needed to consider whether the agreement met the criteria for approval, including whether it was made in good faith, whether it contained certain mandatory terms, and whether it was free from illegality and any form of coercion.

The court found that the agreement was made in good faith, contained all the required mandatory terms, and was free from any illegality or coercion. The court noted that the agreement had been negotiated over a period of time, with both parties making genuine efforts to reach a resolution. The court also found that the terms of the agreement were not unreasonable and provided for a fair balance of rights and obligations between the parties. The court was satisfied that the agreement met all the necessary criteria for approval.

Accordingly, the court approved the McKechnie Iron Foundry Pty Ltd Single Enterprise Agreement 2016, making it a legally binding document between the employer and the employees. The agreement will now govern the terms and conditions of employment for the employees covered by the agreement.

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