SMR Automotive Australia Pty Ltd T/A SMR Automotive

[2014] FWCA 6098

FAIR WORK COMMISSION

DECISION

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

SMR Automotive Australia Pty Ltd T/A SMR Automotive
(AG2014/8653)

SMR AUTOMOTIVE AUSTRALIA PTY LTD, AWU/AMWU CERTIFIED AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 5 SEPTEMBER 2014

Application for approval of the SMR Automotive Australia Pty Ltd, AWU/AMWU Certified Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SMR Automotive Australia Pty Ltd, AWU/AMWU Certified 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 SMR Automotive Australia Pty Ltd T/A SMR Automotive. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2014. The nominal expiry date of the Agreement is 1 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved SMR Automotive Australia Pty Ltd, trading as SMR Automotive, and the Automotive, Metals and Engineering Union (AMWU). The dispute was about the approval of a certified agreement, specifically the SMR Automotive Australia Pty Ltd, AWU/AMWU Certified Agreement 2014. This matter was heard in the Fair Work Commission (FWC). The crux of the legal issues revolved around whether the certified agreement met the necessary statutory requirements for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement was made in good faith and if it complied with the provisions of the Act, including minimum entitlements and the process for certification.

The FWC considered various aspects of the agreement, including the bargaining process, the nature of the agreement, and its compliance with statutory minimum standards. The court examined whether the agreement was genuinely negotiated and whether the parties had genuinely attempted to reach an agreement. Additionally, the FWC scrutinised the terms of the agreement to ensure they did not undermine the statutory minimum entitlements provided for in the Act. The FWC found that the agreement had been made in good faith and that it complied with the statutory requirements, including the minimum entitlements stipulated by the Act.

In light of the findings, the FWC approved the SMR Automotive Australia Pty Ltd, AWU/AMWU Certified Agreement 2014. The FWC determined that the agreement was fair and reasonable, taking into account the bargaining positions of the parties and the terms negotiated. The court's decision was based on the comprehensive evidence presented regarding the negotiation process and the terms of the agreement. Consequently, the certified agreement was approved, and it will now govern the employment conditions for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established