DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/5693)

BOGE ELASTMETALL AUSTRALIA PTY LTD - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the Boge Elastmetall Australia Pty Ltd - National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boge Elastmetall Australia Pty Ltd - National Union of Workers 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 National Union of Workers. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The National Union of Workers 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.

[6] The Agreement was approved on 8 November 2016 and, in accordance with s.54, will operate from 15 November 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Boge Elastmetall Australia Pty Ltd, sought approval of the Boge Elastmetall Australia Pty Ltd - National Union of Workers Enterprise Agreement 2016 (the Agreement) under the Fair Work Act 2009 (Cth). The respondent, the National Union of Workers, opposed the application. The dispute was heard in the Fair Work Commission. The primary legal issue was whether the Agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the Agreement was a genuine enterprise agreement, if it provided for proper minimum terms and conditions of employment, and if it had been fairly negotiated.

The Commission considered various factors in determining whether the Agreement was a genuine enterprise agreement. It examined the evidence of the negotiation process, the coverage of the Agreement, and the fairness of the terms. The Commission also assessed if the Agreement provided for proper minimum terms and conditions, including whether it included minimum wages, leave entitlements, and other essential employment terms. Furthermore, the Commission had to consider if the Agreement had been fairly negotiated, taking into account the bargaining power of the parties and the process followed in reaching the Agreement.

The Commission found that the Agreement was a genuine enterprise agreement that provided for proper minimum terms and conditions of employment. It concluded that the negotiation process was fair, and the Agreement covered the appropriate scope of employees. The Commission also determined that the Agreement contained appropriate minimum terms and conditions and that it had been fairly negotiated. As a result, the Commission approved the Agreement under the Fair Work Act.

The Fair Work Commission approved the Boge Elastmetall Australia Pty Ltd - National Union of Workers Enterprise Agreement 2016. This decision sets a precedent for future enterprise agreements and highlights the importance of proper negotiation processes and adequate minimum terms and conditions. The approval of the Agreement ensures that eligible employees are provided with fair and reasonable employment terms, while also maintaining a cooperative relationship between the employer and the union.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established