DECISION

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

New Castalloy Pty Ltd
(AG2017/4224)

NEW CASTALLOY PTY LTD NORTH PLYMPTON ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 JANUARY 2018

Application for approval of the New Castalloy Pty Ltd North Plympton Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the New Castalloy Pty Ltd North Plympton Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by New Castalloy 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 January 2018 and, in accordance with s.54, will operate from 19 January 2018. The nominal expiry date of the Agreement is 19 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

New Castalloy Pty Ltd, an Australian company, applied to the Fair Work Commission for approval of the New Castalloy Pty Ltd North Plympton Enterprise Agreement 2017. The Fair Work Commission, having jurisdiction under the Fair Work Act 2009, heard the application. The nature of the dispute centred on whether the proposed enterprise agreement complied with the statutory requirements for enterprise agreements and whether it was made in good faith and on a voluntary basis.

The legal issues before the Commission were whether the agreement adequately represented the employees' interests, and whether it adhered to the statutory criteria for approval, such as the absence of protected action provisions and the inclusion of a dispute resolution procedure. Additionally, the Commission had to determine if the agreement was made without any coercion or improper influence, ensuring that it was genuinely voluntary.

The Commission examined the evidence provided and concluded that the agreement was made in good faith and without coercion. The proposed agreement met the legislative requirements, including the absence of protected action provisions and the inclusion of a dispute resolution process. The Commission found that the agreement fairly represented the employees' interests and was consistent with the statutory criteria. As a result, the application for approval was successful, and the enterprise agreement was approved.

In summary, the Fair Work Commission approved the New Castalloy Pty Ltd North Plympton Enterprise Agreement 2017, finding that it complied with the statutory requirements and was made in good faith and voluntarily. The agreement was found to be fair and met all necessary criteria for approval under the Fair Work Act 2009.

New Castalloy 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