DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nicro Engineering Pty Ltd
(AG2015/990)

NICRO ENGINEERING PTY LTD AND AMWU WORKSHOP & SITE AGREEMENT 2014 - 2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 15 MAY 2015

Application for approval of the Nicro Engineering Pty Ltd and AMWU Workshop & Site Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nicro Engineering Pty Ltd and AMWU Workshop & Site Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It was made by Nicro Engineering Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 22 May 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Australian Manufacturing Workers’ Union (AMWU) to approve the Nicro Engineering Pty Ltd and AMWU Workshop & Site Agreement 2014-2017. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The application was heard by the Commission, with Commissioner Wilson presiding.

The central legal issue the Commission had to address was whether the agreement contained all the required terms and conditions, including those mandated by the Act, and whether it complied with the procedural requirements for approval. The Commission also had to consider whether the agreement provided a safety net of minimum terms and conditions for employees, as required by the Act. Additionally, the Commission needed to assess whether the agreement appropriately balanced the interests of employers and employees.

In reaching its decision, the Commission carefully examined the provisions of the agreement and found that it satisfied the statutory requirements for approval. The Commission determined that the agreement provided a safety net of minimum terms and conditions for employees, ensuring they were not disadvantaged. The Commission also considered the procedural fairness of the agreement, finding that the process for reaching the agreement was appropriate. As a result, the Commission approved the agreement, confirming its compliance with the statutory and procedural requirements under the Act.

The Fair Work Commission approved the Nicro Engineering Pty Ltd and AMWU Workshop & Site Agreement 2014-2017, confirming its compliance with the statutory and procedural requirements under the Fair Work Act 2009. The Commission found that the agreement met all necessary criteria, including providing a safety net of minimum terms and conditions for employees and ensuring procedural fairness.

Nicro Engineering 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