Plinius Engineering and Wrought Iron Pty Ltd Summary

[2014] FWCA 7415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plinius Engineering and Wrought Iron Pty Ltd
(AG2014/7873)

PLINIUS ENGINEERING ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 OCTOBER 2014

Application for approval of the Plinius Engineering Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Plinius Engineering Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Plinius Engineering and Wrought Iron Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 13.2(b) of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

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

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 27 October 2014. The nominal expiry date of the Agreement is 26 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, the parties involved in this matter were Plinius Engineering and Wrought Iron Pty Ltd, an employer, and the Australian Manufacturing Workers' Union, a union, both seeking approval of the Plinius Engineering Enterprise Agreement 2014. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The matter was heard by the Commission in Melbourne, presided over by Deputy President S.D. Smith.

The legal issues before the Commission included whether the agreement provided for minimum terms and conditions of employment, whether it was free from prohibited content, and whether it complied with the procedural requirements for enterprise agreements. Additionally, the Commission needed to consider whether the agreement had been genuinely negotiated and whether it was in the best interests of the employees.

In delivering the decision, Deputy President Smith carefully examined the provisions of the agreement against the legislative requirements. The Commission found that the agreement did provide for the minimum terms and conditions of employment, was free from prohibited content, and complied with the procedural requirements. It was also determined that the agreement had been genuinely negotiated and was in the best interests of the employees. Consequently, the Commission approved the Plinius Engineering Enterprise Agreement 2014.

The final orders of the Commission were that the Plinius Engineering Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions set out in the agreement are legally binding and enforceable.

Plinius Engineering and Wrought Iron Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established