DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reliable Conveyor Belt Pty Limited
(AG2016/5789)

RELIABLE CONVEYOR BELT ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 17 NOVEMBER 2016

Application for approval of the Reliable Conveyor Belt Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Reliable Conveyor Belt Enterprise 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 Reliable Conveyor Belt Pty Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union 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.

[5] The Agreement was approved on 17 November 2016 and, in accordance with s.54, will operate from 24 November 2016. The nominal expiry date of the Agreement is 24 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Reliable Conveyor Belt Pty Limited applied to the Fair Work Commission for the approval of the Reliable Conveyor Belt Enterprise Agreement 2016. The application involved an enterprise agreement between the company and its employees, with the aim of setting out the terms and conditions of employment for the employees. The dispute primarily centred around the procedural fairness of the agreement, specifically whether the agreement had been appropriately negotiated and whether the employees had been adequately informed about the terms and implications of the agreement.

The legal issues before the court included whether the agreement had been negotiated in good faith and whether the employees had been given a fair opportunity to understand and consider the terms of the agreement. The court had to determine whether the negotiation process was transparent and whether the employees had been provided with sufficient information to make an informed decision about whether to accept the agreement. Additionally, the court examined whether the agreement complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission concluded that the agreement had been negotiated in good faith and that the employees had been adequately informed about the terms of the agreement. The court found that the negotiation process was transparent and that the employees had been provided with sufficient information to make an informed decision. The court also found that the agreement complied with all relevant provisions of the Fair Work Act 2009. As a result, the application for approval of the Reliable Conveyor Belt Enterprise Agreement 2016 was successful.

The Fair Work Commission approved the Reliable Conveyor Belt Enterprise Agreement 2016, confirming that it met the legal requirements for negotiation and employee communication. The court's decision ensured that the agreement would be enforceable, providing a clear framework for the terms and conditions of employment between Reliable Conveyor Belt Pty Limited and its employees.

Reliable Conveyor Belt Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established