DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Renold T/A Renold Australia Pty Ltd
(AG2015/4224)

RENOLD AUSTRALIA MULGRAVE FACTORY ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 26 AUGUST 2015

Application for approval of the Renold Australia Mulgrave Factory Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Renold Australia Mulgrave Factory Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Renold T/A Renold Australia 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2015. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Renold T/A Renold Australia Pty Ltd, applied to the Fair Work Commission for the approval of the Renold Australia Mulgrave Factory Enterprise Agreement 2015. The respondent, the Electrical Trades Union of Australia, opposed the application. The application raised questions regarding the procedural fairness of the Commission's handling of the approval process, and the appropriateness of certain terms within the agreement.

The legal issues before the Commission included whether the applicant had properly followed the requirements of the Fair Work Act 2009 in relation to the negotiation and approval of the enterprise agreement. Specifically, the Commission needed to determine whether the applicant had acted in good faith and had provided the respondent with adequate information and opportunity to respond. Additionally, the Commission had to assess whether particular terms in the agreement were procedurally fair and complied with the relevant legislative framework.

In considering the issues, the Commission examined the evidence provided by both parties and the procedural fairness of the Commission's actions. The Commission found that the applicant had generally complied with the requirements of the Fair Work Act, including providing the respondent with sufficient information and opportunity to respond. However, the Commission noted that there were minor procedural shortcomings in the applicant's conduct. Despite these shortcomings, the Commission concluded that the overall process had been fair and that the applicant had acted in good faith. With regard to the terms of the agreement, the Commission found that most were procedurally fair and in compliance with the relevant legislation.

The Fair Work Commission approved the Renold Australia Mulgrave Factory Enterprise Agreement 2015, subject to certain modifications to address the minor procedural issues identified. The modifications included adjustments to the process for future negotiations and the provision of additional information to the respondent. The Commission emphasised the importance of good faith bargaining and procedural fairness in the negotiation and approval of enterprise agreements.

Renold T/A Renold Australia 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