DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialised Welding Products Pty Ltd
(AG2018/656)

SPECIALISED WELDING PRODUCTS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 28 MAY 2018

Application for approval of the Specialised Welding Products Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Specialised Welding Products Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Specialised Welding Products 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.

[4] The Agreement lodged contained an error at clause 6.2. On 23 May 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2018. The nominal expiry date of the Agreement is 11 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Specialised Welding Products Pty Ltd, sought approval for the Specialised Welding Products Enterprise Agreement 2018 from the Fair Work Commission. The agreement in question was submitted for assessment and endorsement to ensure it complied with the necessary legislative framework. The applicant's application was heard and determined by the Fair Work Commission, which was tasked with examining the provisions of the agreement to ascertain if it met the requirements for approval under the Fair Work Act 2009.

The primary legal issues that the Commission had to address were whether the agreement provided for fair and reasonable terms and conditions, if it facilitated the efficient and productive operation of the enterprise, and if it ensured that the agreement was not detrimental to the employees. The Commission was required to ensure that the agreement did not have an unfair burden on any party and that it aligned with the principles of the Fair Work Act.

In reaching its decision, the Commission examined each clause of the agreement in detail. It considered the balance of rights and obligations, the provisions related to wages, hours of work, and other conditions of employment. The Commission concluded that the agreement did provide for fair and reasonable terms and conditions and facilitated efficient operation without placing an undue burden on any party. The Commission found that the agreement met all the necessary criteria for approval and endorsed the Specialised Welding Products Enterprise Agreement 2018. The Commission's decision was based on the comprehensive nature of the agreement, which provided clear protections and benefits to both the employer and the employees.

Specialised Welding Products 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