DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SMP Engineering Pty Ltd
(AG2017/2459)

SMP ENGINEERING ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 SEPTEMBER 2017

Application for approval of the SMP Engineering Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SMP Engineering 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 SMP Engineering 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 8 September 2017 and, in accordance with s.54, will operate from 15 September 2017. The nominal expiry date of the Agreement is 8 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by SMP Engineering Pty Ltd for approval of the SMP Engineering Enterprise Agreement 2017. The application was heard by the Fair Work Commission (FWC), which is responsible for approving enterprise agreements in Australia. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement complied with the various statutory provisions concerning enterprise agreements, including the requirement that the agreement be in writing, free from any coercion, and provide for the resolution of disputes. The FWC also needed to consider whether the agreement appropriately covered the employees and the bargaining process was conducted fairly.

The FWC concluded that the application met all necessary legal criteria. The FWC found that the agreement was in writing and free from any prohibited content, including coercion. The FWC also determined that the agreement had been made with appropriate employee representation and covered all relevant employees. The bargaining process was deemed to have been conducted fairly, with adequate consultation and provision for dispute resolution mechanisms. As a result, the FWC approved the agreement.

In approving the agreement, the FWC made an order that the SMP Engineering Enterprise Agreement 2017 is approved as a certified agreement under the Fair Work Act 2009. The agreement is now in effect and binding on the parties involved, ensuring that the terms and conditions of employment are legally recognised and enforceable.

SMP Engineering 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