DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NGK Spark Plugs (Australia) Pty Ltd
(AG2017/6632)

NGK SPARK PLUG (AUSTRALIA) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 JUNE 2018

Application for approval of the NGK Spark Plug (Australia) and National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the NGK Spark Plug (Australia) and National Union of Workers 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 NGK Spark Plugs (Australia) 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 is approved and, in accordance with s.54 of the Act, will operate from 11 June 2018. The nominal expiry date of the Agreement is 1 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of NGK Spark Plugs (Australia) Pty Ltd, the Fair Work Commission was tasked with assessing an application for the approval of the NGK Spark Plug (Australia) and National Union of Workers Enterprise Agreement 2017. The applicant, NGK Spark Plugs (Australia) Pty Ltd, sought approval for the agreement which had been negotiated with the National Union of Workers. The dispute centred on whether the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved determining whether the agreement complied with the procedural and substantive requirements set out in the Act. Procedurally, the Commission needed to verify that the agreement was made in good faith and whether the necessary consultation processes were followed. Substantively, the agreement had to be assessed for its provisions on wages, conditions, and other employment terms, ensuring they did not adversely affect the safety net of minimum entitlements.

In reaching its decision, the Commission considered the evidence presented regarding the negotiation process, including the documentation of consultation efforts and the fairness of the bargaining process. The Commission also examined the specific terms of the agreement, ensuring they aligned with the legislative framework and did not undermine the protection of employees' rights. Ultimately, the Commission concluded that the agreement met all necessary criteria for approval. It found that the agreement was made in good faith, the consultation processes were adequate, and the terms of the agreement did not negatively impact the minimum entitlements of employees.

The Fair Work Commission approved the NGK Spark Plug (Australia) and National Union of Workers Enterprise Agreement 2017, effective from the date of the decision. This approval ensures that the terms of the agreement will govern the employment conditions of the employees covered by the agreement, providing a framework for their wages, conditions, and other employment terms.

NGK Spark Plugs (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