DECISION

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

Snare Fabrications Pty Ltd
(AG2020/2311)

SNARE FABRICATIONS PTY LTD COLLECTIVE AGREEMENT 2020 -2023

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 19 AUGUST 2020

Application for approval of the Snare Fabrications Pty Ltd Collective Agreement 2020-2023.

[1] An application has been made for the approval of an enterprise agreement known as the Snare Fabrications Pty Ltd Collective Agreement 2020 - 2023 (‘the Agreement’). The application was made by Snare Fabrications Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met.

[3] The Australian Manufacturing Workers’ Union (“the AMWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 26 August 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Snare Fabrications Pty Ltd recently faced an application before the Fair Work Commission regarding the approval of a collective agreement. The applicant, Snare Fabrications Pty Ltd, sought the Commission's endorsement of the proposed collective agreement which aimed to regulate the employment terms and conditions for the period from 2020 to 2023. The application was made under the Fair Work Act 2009, specifically targeting the approval process for such agreements that are intended to be made directly applicable under the Act.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements and was in the best interests of the employees. This involved assessing if the agreement was fairly negotiated, if it contained the minimum terms and conditions as prescribed by law, and whether it provided adequate protections and benefits for the employees involved. Additionally, the Commission had to determine if the agreement was in line with the principles of good faith bargaining and if it adequately addressed the needs and interests of the employees.

The Commission carefully considered the provisions of the proposed agreement, taking into account submissions from both the employer and the union representing the employees. It examined the negotiation process, the content of the agreement, and its compliance with the Fair Work Act. The Commission concluded that the agreement was fairly negotiated and contained all the required minimum terms and conditions. It found that the agreement was in the best interests of the employees, providing them with adequate protections and benefits while also meeting the statutory requirements. Consequently, the Commission approved the collective agreement, allowing it to be directly applicable under the Fair Work Act for the specified period.

In light of the findings, the Fair Work Commission approved the Snare Fabrications Pty Ltd Collective Agreement 2020-2023, making it directly applicable under the Fair Work Act. This decision ensures that the terms and conditions of employment for the employees of Snare Fabrications Pty Ltd are governed by the approved agreement, providing clarity and legal certainty for both the employer and the employees.

Snare Fabrications 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