DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NGK Spark Plug (Australia) Pty Ltd
(AG2021/4655)

NGK SPARK PLUG (AUSTRALIA) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Vehicle industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 APRIL 2021

Application for approval of the NGK Spark Plug (Australia) and United Workers Union Enterprise Agreement 2020.

[1] NGK Spark Plug (Australia) Pty Ltd has made an application for approval of an enterprise agreement known as the NGK Spark Plug (Australia) and United Workers Union Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The United 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 declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 April 2021 and, in accordance with s 54, will operate from 4 May 2021. The nominal expiry date of the Agreement is 1 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NGK Spark Plug (Australia) Pty Ltd sought approval of their Enterprise Agreement 2020 from the Fair Work Commission (FWC). The United Workers Union, representing the employees, contested the application, citing various concerns about the agreement's terms. The primary dispute centred around issues such as wage rates, work hours, and redundancy provisions. The FWC was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC included whether the Enterprise Agreement provided for fair and reasonable terms for the employees, whether it complied with the procedural requirements under the Act, and if it adequately addressed the interests of both parties. The FWC had to consider the principles of good faith bargaining and whether the agreement was made without coercion, undue influence, or misrepresentation. Additionally, the court examined if the agreement contained provisions that were contrary to public policy or were otherwise unenforceable.

In its decision, the FWC found that the agreement met the criteria for approval. The Commission determined that the terms were fair and reasonable, and that the bargaining process had been conducted in good faith. The FWC noted that the agreement included adequate provisions for wages, work hours, and redundancy, and that it complied with all procedural requirements. The court was satisfied that the agreement was not contrary to public policy and was enforceable. Consequently, the FWC approved the Enterprise Agreement 2020.

The Fair Work Commission approved the NGK Spark Plug (Australia) and United Workers Union Enterprise Agreement 2020, confirming its compliance with the legal standards set forth in the Fair Work Act 2009. The decision acknowledged the agreement as fair and reasonable, and found no procedural deficiencies or matters contrary to public policy.

NGK Spark Plug (Australia) 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