DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Reliable Conveyor Belt Pty Limited
(AG2015/2887)

RELIABLE CONVEYOR BELT ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JUNE 2015

Application for approval of the Reliable Conveyor Belt Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the
Reliable Conveyor Belt Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 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 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 Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Reliable Conveyor Belt Pty Limited recently appeared before the Fair Work Commission, seeking approval for the Reliable Conveyor Belt Enterprise Agreement 2014. The application arose from a dispute between the company and its employees, which pertained to the terms and conditions of employment outlined in the proposed agreement. The Fair Work Commission was tasked with assessing whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues that the Commission needed to address were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, and whether it was made in good faith and without coercion. Specifically, the Commission had to determine if the agreement included provisions on minimum rates of pay, penalty rates, notice of termination, and other relevant employment conditions. Additionally, the Commission considered whether the bargaining process was conducted fairly and whether the agreement reflected a genuine attempt to reach an enterprise-wide agreement.

In its decision, the Fair Work Commission found that the Reliable Conveyor Belt Enterprise Agreement 2014 satisfied the legal requirements for approval. The Commission noted that the agreement included all the mandatory terms and that the bargaining process was conducted in good faith. The Commission emphasised that both parties had demonstrated a genuine effort to negotiate and reach a fair and reasonable agreement. Consequently, the Fair Work Commission approved the enterprise agreement, ensuring that it would now govern the employment terms and conditions between Reliable Conveyor Belt Pty Limited and its employees.

The Commission's decision was final and binding, and it directed that the approved agreement be registered with the Fair Work Commission. This registration would make the agreement legally enforceable and applicable to all employees covered by the agreement. The outcome ensured that the employment terms and conditions were clearly defined and that both the company and its employees had a clear understanding of their rights and obligations under the agreement.

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