DECISION

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

Robert Amor T/A Weldlok Industries Pty Ltd
(AG2020/2863)

WELDLOK INDUSTRIES YAGOONA ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 21 OCTOBER 2020

Application for approval of the Weldlok Industries Yagoona Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Weldlok Industries Yagoona Enterprise Agreement 2020 (‘the Agreement’). The application was made by Weldlok Industries Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] The Australian Manufacturing Workers’ Union (“the AMWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMWU.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 21 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Robert Amor trading as Weldlok Industries Pty Ltd, sought approval of the Weldlok Industries Yagoona Enterprise Agreement 2020 under section 233 of the Fair Work Act 2009. The dispute arose due to disagreements between the employer and the union representing the employees, the Shop, Distributive and Allied Employees Association (SDA), concerning the terms and conditions of employment outlined in the proposed agreement. The Fair Work Commission heard the matter and was tasked with determining whether the agreement met the criteria for approval under the Act.

The central legal issue before the Commission was whether the proposed enterprise agreement contained the minimum terms and conditions mandated by the Fair Work Act 2009. The applicant argued that the agreement was fair and balanced, whereas the union contended that certain provisions did not meet the minimum standards. The Commission needed to carefully examine the specific provisions of the agreement, including wages, hours of work, and other employment conditions, to determine if they complied with the statutory requirements.

After reviewing the evidence and submissions from both parties, the Fair Work Commission concluded that several provisions of the agreement did not meet the minimum standards set out in the Fair Work Act 2009. The Commission identified specific issues with the wages, leave entitlements, and penalty rates outlined in the agreement, which it found to be inadequate in comparison to the relevant industry awards. Consequently, the Commission refused to approve the agreement, highlighting the need for amendments to ensure compliance with the statutory minimum terms and conditions.

No further orders were made, and the application for approval of the Weldlok Industries Yagoona Enterprise Agreement 2020 was dismissed. The Commission directed the parties to work together to negotiate and finalise an agreement that met the minimum standards set out in the Fair Work Act 2009.

Robert Amor T/A Weldlok Industries 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