DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shinagawa Refractories Australasia Pty Ltd
(AG2021/6318)

SHINAGAWA REFRACTORIES AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 3 AUGUST 2021

Application for approval of the Shinagawa Refractories Australasia Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Shinagawa Refractories Australasia Pty Ltd Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 August 2021. The nominal expiry date of the Agreement is 2 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Shinagawa Refractories Australasia Pty Ltd, a company involved in the manufacture of refractory products, was the subject of a Fair Work Commission (FWC) application for the approval of an Enterprise Agreement. The dispute centred on whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009. The application was heard by the FWC and involved several legal issues pertinent to the validity and scope of the agreement.

The court had to determine whether the agreement contained the mandatory terms required by the Fair Work Act, including minimum wages and conditions. It was also necessary to assess whether the agreement had been made in accordance with the procedural requirements, such as ensuring that employees had been adequately consulted and that the agreement had been balloted correctly. Additionally, the court needed to verify if the agreement met the "no disadvantage" test, which required that the agreement did not disadvantage employees compared to their previous conditions.

The FWC ruled that the proposed agreement did comply with the mandatory terms and procedural requirements of the Fair Work Act. The court found that the agreement contained all necessary minimum wages and conditions and had been made following the proper consultation and balloting processes. Furthermore, the court determined that the agreement did not disadvantage employees, as it provided for terms and conditions that were at least as favourable as those under the previous agreement. Consequently, the FWC approved the Enterprise Agreement.

As a result of the FWC's approval, the Enterprise Agreement between Shinagawa Refractories Australasia Pty Ltd and its employees came into effect. This decision underscored the importance of ensuring that enterprise agreements adhere to the legislative framework and protect the rights of employees.

Shinagawa Refractories Australasia 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