DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shinagawa Refractories Australasia Pty Ltd
(AG2017/1748)

SHINAGAWA REFRACTORIES AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 JULY 2017

Application for approval of the Shinagawa Refractories Australasia Pty Ltd Enterprise Agreement 2017

[1] An application has been made for approval of an enterprise agreement known as the Shinagawa Refractories Australasia Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shinagawa Refractories Australasia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Mining and Energy Union 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.

[5] The Agreement was approved on 6 July 2017 and, in accordance with s.54, will operate from 13 July 2017. The nominal expiry date of the Agreement is 13 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of an Enterprise Agreement between Shinagawa Refractories Australasia Pty Ltd and its employees. The applicants sought to have the agreement approved under the Fair Work Act 2009, which requires that certain conditions be met for an agreement to be valid. The respondents raised objections to the application, arguing that the agreement did not meet some of these conditions. The Commission was tasked with determining whether the agreement should be approved.

The key legal issues before the Commission were whether the agreement had been made in good faith, whether it contained the required minimum terms and conditions, and whether it had been properly certified by the relevant certifier. The Commission had to examine the provisions of the Fair Work Act and relevant case law to determine whether the agreement met the legal requirements. The Commission also had to consider the evidence and submissions presented by both parties.

After examining the evidence and submissions, the Commission found that the agreement had been made in good faith and contained the required minimum terms and conditions. The Commission was satisfied that the agreement had been properly certified by the relevant certifier, and that it met all the legal requirements for approval. The Commission approved the agreement and made orders to that effect.

The Fair Work Commission approved the Enterprise Agreement and made orders to that effect. The agreement is now legally binding on the parties and will govern the employment conditions of the employees of Shinagawa Refractories Australasia Pty Ltd. The respondents' objections to the application were dismissed.

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