Resolve FM Pty Ltd

[2013] FWCA 2978

FAIR WORK COMMISSION

DECISION

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

Resolve FM Pty Ltd
(AG2013/1049)

RESOLVE FM (HOLDEN - ELIZABETH) ENTERPRISE AGREEMENT 2013 - 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 MAY 2013

Application for approval of the Resolve FM (Holden - Elizabeth) Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Resolve FM (Holden - Elizabeth) Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Resolve FM Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2013. The nominal expiry date of the Agreement is 20 May 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Resolve FM Pty Ltd, an applicant seeking approval for the Resolve FM (Holden - Elizabeth) Enterprise Agreement 2013-2015. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the necessary legal criteria for approval. The dispute centred on various aspects of the proposed agreement, including its compliance with relevant industrial laws and its fairness to the employees it would affect.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly in terms of procedural fairness and substantive fairness. The Commission had to examine whether the agreement had been negotiated in good faith and whether it provided fair terms and conditions of employment. The case required careful consideration of whether the agreement met the statutory requirements for approval and if it was in the best interests of the employees.

In delivering its decision, the Commission detailed the procedural steps taken in negotiating the agreement and evaluated the submissions made by both the applicant and the employees. It considered whether the negotiation process was genuine and whether the agreement adequately addressed the employees' needs and expectations. The Commission found that the agreement complied with the necessary legal standards and was fair and reasonable. It approved the application, emphasising the importance of the agreement in providing a stable and equitable working environment for the employees involved.

The final orders of the Commission were to approve the Resolve FM (Holden - Elizabeth) Enterprise Agreement 2013-2015, effective from the date of the decision, subject to the terms and conditions set out in the agreement. The approval was contingent on the continued compliance with the Fair Work Act 2009 and any subsequent amendments to industrial laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established