DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pneuvay Engineering Pty Ltd
(AG2017/1228)

PNEUVAY ENGINEERING PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 18 MAY 2017

Application for approval of the Pneuvay Engineering Pty Ltd Collective Bargaining Workshop Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pneuvay Engineering Pty Ltd Collective Bargaining Workshop Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pneuvay Engineering 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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. 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 25 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pneuvay Engineering Pty Ltd applied to the Fair Work Commission for the approval of a Collective Bargaining Workshop Agreement. The agreement was the result of a negotiation process between the company and the Construction, Forestry, Maritime, Mining and Energy Union, with the assistance of the Australian Building and Construction Commission. The application was opposed by the National Electrical and Communications Association, which argued that the agreement was not genuinely negotiated and did not provide for adequate representation of employees' interests. The Fair Work Commission was required to decide whether the agreement was genuinely negotiated and whether it provided for adequate representation of employees' interests. The Commission considered the evidence and submissions presented by the parties and found that the agreement was genuinely negotiated and provided for adequate representation of employees' interests. The Commission noted that the agreement had been negotiated in good faith and that the union had provided adequate representation of employees' interests throughout the negotiation process. The Commission also noted that the agreement provided for a range of protections for employees, including provisions for dispute resolution and protection from adverse action. The Fair Work Commission approved the Collective Bargaining Workshop Agreement, finding that it met the requirements of section 234 of the Fair Work Act 2009. The Commission made an order approving the agreement and registering it with the Fair Work Commission. The National Electrical and Communications Association's opposition to the application was dismissed.

Pneuvay 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