DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Signum Manufacturing
(AG2014/10934)

SUMMIT MANUFACTURING AND AWU ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 DECEMBER 2014

Application for approval of the Summit Manufacturing and AWU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Summit Manufacturing and AWU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Signum Manufacturing. The agreement is a single-enterprise agreement.

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

[3] An undertaking has been given in relation to clauses 20.5, 20.7 and 21.2 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Australian Workers’ 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 is approved and, in accordance with s.54, will operate from 31 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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Appendix A

CaseChat Overview and Summary

In the recent case of Signum Manufacturing, the applicant sought approval of the Summit Manufacturing and AWU Enterprise Agreement 2014. The dispute arose from the negotiation of a new enterprise agreement between Summit Manufacturing, an employer, and the Australian Workers' Union (AWU), a trade union. The Fair Work Commission was tasked with determining whether the agreement should be approved, considering various legal criteria.

The court was required to address several legal issues, including whether the agreement had been made in good faith, whether it contained the necessary provisions regarding pay and conditions, and if the agreement complied with the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable and met all legal requirements, while the objectors contended that the agreement did not adequately protect employee interests and failed to meet certain statutory standards.

The court carefully examined the terms of the agreement, the process by which it was negotiated, and the evidence presented by both parties. It concluded that the agreement had been made in good faith and contained all the necessary provisions. The court found that the agreement was fair and reasonable, and therefore approved it. The court's decision was based on the evidence and the legal criteria set out in the Fair Work Act 2009.

The court approved the Summit Manufacturing and AWU Enterprise Agreement 2014, finding that it met all the legal requirements. The agreement was deemed fair and reasonable, and the court considered the negotiation process to have been conducted in good faith. The court's approval ensures that the agreement will be binding on both parties, providing a framework for employment conditions within the organisation.

Signum Manufacturing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established