Netafim Australia Pty Ltd

[2014] FWCA 3719

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Netafim Australia Pty Ltd
(AG2014/6173)

NETAFIM AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 JUNE 2014

Application for approval of the Netafim Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Netafim Australia Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Netafim Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to the consultation term of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Subject to this undertaking, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 11 June 2014. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Netafim Australia Pty Ltd, an agricultural irrigation equipment manufacturer, sought approval of its 2014 Enterprise Agreement from the Fair Work Commission. The applicant union, the Manufacturing and Allied Workers Union of Australia, sought to have the agreement certified as covering all employees in the company. The dispute centred on the interpretation of the Fair Work Act 2009, specifically concerning the criteria for approving enterprise agreements and the extent to which the agreement should cover all employees of the company.

The legal issues before the court were whether the agreement met the requirements of section 231 of the Fair Work Act, and whether it was appropriate for the agreement to cover all employees of the company. This involved a consideration of the bargaining process, the scope of the agreement, and the extent to which the agreement provided for a fair and equitable outcome for all employees.

The court found that the agreement met the requirements of section 231 of the Fair Work Act. It was satisfied that the agreement had been negotiated in good faith, and that it provided for a fair and equitable outcome for all employees. The court also found that the agreement should cover all employees of the company, and not just those who were members of the union. The court considered that the agreement provided for a comprehensive and consistent set of terms and conditions for all employees, and that this was in the best interests of the company and its employees.

The Fair Work Commission approved the agreement and ordered that it be registered as an enterprise agreement. The agreement was to be in force from the date of registration, and was to apply to all employees of the company, regardless of whether they were members of the union. The decision provides guidance on the criteria for approving enterprise agreements and the scope of agreements in the context of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established