DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plinius Engineering and Wrought Iron Pty Ltd as Trustee for Plinius Engineering Unit Trust T/A Plinius Engineering
(AG2019/1267)

PLINIUS ENGINEERING ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 17 JULY 2019

Application for approval of the Plinius Engineering Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Plinius Engineering Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Plinius Engineering and Wrought Iron Pty Ltd as Trustee for Plinius Engineering Unit Trust T/A Plinius Engineering (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 17 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the parties presented an application for the approval of the Plinius Engineering Enterprise Agreement 2019. The applicant, Plinius Engineering and Wrought Iron Pty Ltd as Trustee for Plinius Engineering Unit Trust, trading as Plinius Engineering, sought the endorsement of this agreement under the Fair Work Act 2009. The respondents, represented by the Australian Manufacturing Workers' Union, raised objections to the proposed agreement's terms and conditions, arguing that they did not meet the criteria for certification as a single interest employer agreement. The central legal issues before the Commission involved determining whether the agreement complied with the statutory requirements for approval and whether it appropriately represented the interests of the employees and employer.

The Commission commenced its analysis by examining the application's compliance with the Fair Work Act, particularly focusing on whether the agreement met the definition of a single interest employer agreement. This involved assessing whether the agreement was made between a single employer and their employees and whether it contained appropriate terms and conditions. Additionally, the Commission considered the fairness of the agreement to both parties, ensuring that it did not disadvantage any employee and that it was consistent with the objectives of the Act. The respondents' objections were evaluated in light of these criteria, with the Commission scrutinising specific clauses that were contested.

After careful consideration of the evidence and submissions from both parties, the Commission found that the Plinius Engineering Enterprise Agreement 2019 met the necessary requirements for approval. The Commission concluded that the agreement was a genuine single interest employer agreement and that it contained terms and conditions that were fair and reasonable. The Commission rejected the respondents' objections, noting that the agreement adequately represented the interests of both the employer and the employees. The Commission certified the agreement, acknowledging its compliance with the statutory criteria and its alignment with the principles of the Fair Work Act.

As a result of the Commission's decision, the Plinius Engineering Enterprise Agreement 2019 was approved and certified, effective from the date of the decision. The agreement now serves as the binding enterprise agreement between the employer and the employees, governing their employment terms and conditions. The Commission's decision provides clarity and legal certainty for both parties moving forward.

Plinius Engineering and Wrought Iron Pty Ltd as Trustee for Plinius Engineering Unit Trust T/A Plinius Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established