DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

McKechnie Iron Foundry Pty Ltd
(AG2015/1749)

MCKECHNIE IRON FOUNDRY PTY LTD SINGLE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 FEBRUARY 2015

Application for approval of the McKechnie Iron Foundry Pty Ltd Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the McKechnie Iron Foundry Pty Ltd Single Enterprise 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 McKechnie Iron Foundry Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been confirmed that the parties:

“.... have undertaken a review of the 2015 Base Wage Rates for the 2015 McKechnie Iron Foundry Pty Ltd Single Enterprise Agreement, matter AG2015/1749 and agree that the Base Wage Rates shown, accurately reflect the agreed 2.2% wage increase for all classifications.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union (AWU), 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) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2015. The nominal expiry date of the Agreement is 31 January 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McKechnie Iron Foundry Pty Ltd is before the Fair Work Commission. The applicant, McKechnie Iron Foundry Pty Ltd, sought approval for the McKechnie Iron Foundry Pty Ltd Single Enterprise Agreement 2015. The dispute centred on whether the agreement met the necessary legal standards for approval, including whether it provided for fair and reasonable terms and conditions of employment. The Commission needed to determine if the agreement was genuinely negotiated, whether it complied with the Fair Work Act 2009, and if it adequately protected the rights of employees.

The primary legal issues included whether the agreement was genuinely negotiated between the employer and the employees, and if it complied with the requirements of the Fair Work Act. The Commission had to examine the process of negotiation and the content of the agreement to ensure it met the statutory criteria. Additionally, the Commission assessed if the agreement adequately provided for the employees' terms and conditions of employment and if it included all the mandated provisions.

The Commission found that the agreement was genuinely negotiated and met all the statutory requirements for approval. The process of negotiation was deemed fair and transparent, and the content of the agreement was found to comply with the Fair Work Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and included all mandated provisions. Consequently, the application for approval was successful.

The Fair Work Commission approved the McKechnie Iron Foundry Pty Ltd Single Enterprise Agreement 2015. The agreement was registered on the date of the decision, ensuring it would become effective and binding on the parties involved. This approval provided a framework for 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