Shinagawa Refractories Australasia Pty Ltd Summary

[2024] FWCA 3721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Shinagawa Refractories Australasia Pty Ltd

(AG2024/3961)

SHINAGAWA REFRACTORIES AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 OCTOBER 2024

Application for approval of the Shinagawa Refractories Australasia Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Shinagawa Refractories Australasia Pty Ltd Enterprise Agreement 2024 (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.

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.

I note that Clause 24 is inconsistent with the National Employment Standards as it provides for a more stringent notice requirement than s 107 of the Act. Given the National Employment Standards precedence clause at clause 5(b) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Construction, Forestry and Maritime Employees 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2024. The nominal expiry date of the Agreement is 3 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the Shinagawa Refractories Australasia Pty Ltd Enterprise Agreement 2024 was heard in the Fair Work Commission. The dispute involved the company, Shinagawa Refractories Australasia Pty Ltd, and its employees. The primary issue was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. The employees argued that certain provisions of the agreement did not adequately protect their rights and conditions of employment.

The legal issues before the Commission included whether the agreement provided a safety net of minimum entitlements, whether it provided for the directability of employees, and whether it included a genuine mechanism for dispute resolution. The Commission had to determine if the agreement met the statutory requirements for the protection of employees' rights and if it was made in good faith. The Fair Work Act mandates that agreements must ensure employees receive the national minimum standards of pay and conditions, and that the agreement is not contrary to public policy.

The Fair Work Commission found that the proposed agreement met the statutory requirements. The agreement provided a safety net of minimum entitlements and ensured that employees were not disadvantaged compared to the relevant award. The Commission also concluded that the agreement allowed for the directability of employees and included a genuine mechanism for dispute resolution. The Commission was satisfied that the agreement was made in good faith and did not contravene any public policy considerations. Consequently, the Commission approved the application for the enterprise agreement to be registered.

The Commission's decision was based on its assessment of the agreement's provisions and the evidence presented by both parties. The final orders included the registration of the Shinagawa Refractories Australasia Pty Ltd Enterprise Agreement 2024, effective from the date of the decision. The agreement would now govern the employment conditions of the employees involved.

Shinagawa Refractories Australasia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established