Ozroll Industries Pty Ltd

[2013] FWCA 8608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ozroll Industries Pty Ltd
(AG2013/9855)

OZROLL INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 31 OCTOBER 2013

Application for approval of the Ozroll Industries Pty Ltd Enterprise Agreement 2013.

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

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 November 2013. The nominal expiry date of the Agreement is 7 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ozroll Industries Pty Ltd applied to the Fair Work Commission for approval of their 2013 Enterprise Agreement. The applicants sought to have the agreement recognised as a lawful enterprise agreement under the Fair Work Act 2009. The nature of the dispute was the procedural fairness of the agreement, as well as its compliance with the relevant legal standards. The Commission was tasked with determining whether the agreement met the criteria for approval under the Act, including whether it was made in accordance with the procedural requirements, and whether it contained provisions that were contrary to public policy.

The legal issues before the Commission involved whether the agreement was made in good faith and whether it contained any unfair provisions. The applicants argued that the agreement was a genuine enterprise agreement, made in good faith, and that it complied with all relevant legal requirements. The Commission considered the evidence presented by both parties and assessed whether the agreement met the criteria for approval. This included examining the process by which the agreement was made, and whether the agreement contained any provisions that were contrary to public policy or that would otherwise render it unlawful.

The Commission found that the agreement was made in good faith and that it complied with the relevant legal standards. The Commission determined that the agreement met the criteria for approval under the Act, and that it should be recognised as a lawful enterprise agreement. The Commission also found that there were no provisions in the agreement that were contrary to public policy or otherwise rendered it unlawful. As a result, the Commission approved the agreement, and it became a binding contract between the applicants and their employees.

The Commission's decision was based on a thorough analysis of the evidence presented and a careful consideration of the relevant legal standards. The Commission found that the agreement was a genuine enterprise agreement that met all of the criteria for approval under the Act. The Commission's decision provides clarity and certainty for both the applicants and their employees, and it ensures that the agreement will be recognised as a lawful contract.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established