SPX Flow Technology Australia Pty Ltd Summary

[2013] FWCA 10205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPX Flow Technology Australia Pty Ltd
(AG2013/12051)

SPX FLOW TECHNOLOGY AUSTRALIA PTY LTD (SERVICE AND WAREHOUSE) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 DECEMBER 2013

Application for approval of the SPX Flow Technology Australia Pty Ltd (Service and Warehouse) Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the SPX Flow Technology Australia Pty Ltd (Service and Warehouse) Enterprise Agreement 2014 (the Agreement). The application was made by SPX Flow Technology Australia Pty Ltd pursuant to section 185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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), 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 31 December 2013. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the SPX Flow Technology Australia Pty Ltd (Service and Warehouse) Enterprise Agreement 2014. The application was lodged by the employer, SPX Flow Technology Australia Pty Ltd, with the Fair Work Commission. The nature of the dispute centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around the compliance of the agreement with the procedural and substantive requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement was certified without any objections or if it contained any provisions that might be unfair or contrary to public policy. The fairness of the agreement, including its provisions on wages, conditions, and dispute resolution, was also scrutinised.

The Fair Work Commission assessed the application and found that the agreement was procedurally sound and did not contain any unfair provisions. The Commission considered the bargaining positions of the parties, the extent of the agreement's coverage, and the balance of its terms. The Commission concluded that the agreement was fair and in accordance with the statutory framework. Consequently, the Commission approved the application, allowing the enterprise agreement to take effect.

The Fair Work Commission's final orders included the approval of the SPX Flow Technology Australia Pty Ltd (Service and Warehouse) Enterprise Agreement 2014. The agreement was set to be registered and enforceable, subject to the terms and conditions outlined within it. The Commission's decision confirmed that the agreement met all necessary legal requirements and could proceed without further impediments.

SPX Flow Technology Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established