DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roxby Engineering & Fabrication Pty Ltd
(AG2016/3078)

ROXBY ENGINEERING & FABRICATION PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 10 JUNE 2016

Application for approval of the Roxby Engineering & Fabrication Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Roxby Engineering & Fabrication Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roxby Engineering & Fabrication Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2016. The nominal expiry date of the Agreement is 9 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Roxby Engineering & Fabrication Pty Ltd applied for approval of their Enterprise Agreement 2016, which sought to alter the working conditions of their employees. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal criteria for approval.

The central legal issues before the Commission were whether the agreement was made in good faith, whether it contained the necessary "protected action" provisions, and whether it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission needed to consider whether the agreement appropriately protected the rights of employees and promoted harmonious, productive, and cooperative workplace relations.

In delivering its decision, the Commission examined the evidence presented by the parties and assessed the agreement against the statutory requirements. The Commission found that the agreement was made in good faith and contained the necessary protected action provisions. It also determined that the agreement was consistent with the principles of promoting harmonious, productive, and cooperative workplace relations. Consequently, the Commission approved the Enterprise Agreement 2016, finding that it met the legal criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Roxby Engineering & Fabrication Pty Ltd Enterprise Agreement 2016, confirming its compliance with the legal requirements and its promotion of harmonious, productive, and cooperative workplace relations.

Roxby Engineering & Fabrication 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