DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roo and Oz Sheetmetal Pty Ltd
(AG2019/4094)

ROO & OZ SHEETMETAL PTY LTD SUNSHINE WEST ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 DECEMBER 2019

Application for approval of the Roo & Oz Sheetmetal Pty Ltd Sunshine West Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Roo & Oz Sheetmetal Pty Ltd Sunshine West Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roo and Oz Sheetmetal Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2019. The nominal expiry date of the Agreement is 18 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of an application for the approval of the Roo & Oz Sheetmetal Pty Ltd Sunshine West Enterprise Agreement 2019 was presented. The applicant, Roo, sought approval of the enterprise agreement which was negotiated with the employer, Oz Sheetmetal Pty Ltd. The dispute centred around certain provisions within the agreement that Roo argued were necessary for the fair treatment of employees, while Oz Sheetmetal contended that some provisions were excessive and potentially detrimental to the business.

The legal issues before the Commission involved the interpretation and validity of several clauses within the agreement. Key points of contention included the scope of the agreement, the fairness of the terms, and whether the provisions complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for "simplification" and whether it provided for genuine bargaining between the parties.

The Commission found that the agreement was the product of genuine and meaningful negotiations and that the terms were fair and reasonable. The Commission was satisfied that the agreement met the requirements for simplification and did not contain any unfair provisions. The Commission approved the enterprise agreement, highlighting the importance of fair and balanced negotiations in reaching an agreement that is beneficial to both parties. The decision underscored the need for enterprise agreements to provide for the genuine needs of both employers and employees, ensuring that they are practical and sustainable in the long term.

Roo and Oz Sheetmetal 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