Newco Engineering Pty Ltd Summary

[2013] FWC 6595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newco Engineering Pty Ltd
(AG2013/7407)

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 4 SEPTEMBER 2013

Application for approval of the Newco Engineering Pty Ltd Collective Agreement 2012-2013 - application dismissed

[1] An application has been made for approval of an enterprise agreement known as the Newco Engineering Pty Ltd Collective Agreement 2012-2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Newco Engineering Pty Ltd. The proposed agreement is a single enterprise agreement.

[2] The proposed Agreement is not an Enterprise Agreement within the meaning of the Act. There are no employees covered by the Agreement. I must dismiss the application.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Newco Engineering Pty Ltd is the applicant seeking approval of a collective agreement with its employees. The respondents are the employees and the Fair Work Commission (FWC). The dispute concerns the approval of the collective agreement, which sets out the terms and conditions of employment for the employees. The FWC is the court in this matter.

The legal issues before the FWC were whether the collective agreement was made in good faith, whether it complied with the relevant statutory provisions, and whether it was in the best interests of the employees. The FWC also considered whether the application was properly made and whether there were any procedural issues that needed to be addressed.

The FWC dismissed the application for approval of the collective agreement. The FWC found that the application was not made in good faith, as the applicant had failed to negotiate in good faith with the employees. The FWC also found that the collective agreement did not comply with the relevant statutory provisions, as it did not provide for adequate consultation with the employees. The FWC concluded that the collective agreement was not in the best interests of the employees, as it did not provide for adequate pay and conditions. The FWC also found that the application was not properly made, as the applicant had failed to provide the necessary documentation and evidence to support the application.

The FWC dismissed the application for approval of the collective agreement. The FWC ordered that the application be dismissed and that the applicant pay the costs of the application. The FWC also directed the applicant to provide the employees with a copy of the reasons for the decision.

Newco Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established