DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPX Flow Technology Australia Pty Ltd T/A SPX Flow
(AG2018/69)

SPX FLOW TECHNOLOGY AUSTRALIA PTY LTD (SERVICE AND WAREHOURSE) ENTEPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 APRIL 2018

Application for approval of the SPX Flow Technology Australia Pty Ltd (Service and Warehouse) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SPX Flow Technology Australia Pty Ltd (Service and Warehouse) 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 SPX Flow Technology Australia Pty Ltd T/A SPX Flow. 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] 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.

[7] The Agreement was approved on 23 April 2018 and, in accordance with s.54, will operate from 30 April 2018. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SPX Flow Technology Australia Pty Ltd, trading as SPX Flow, applied for the approval of the SPX Flow Technology Australia Pty Ltd (Service and Warehouse) Enterprise Agreement 2018. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers’ Union, which raised concerns about various aspects of the agreement.

The primary legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act and whether the process leading to the agreement was fair and appropriate. Specifically, the court had to consider whether the agreement was genuinely a bargain between the employer and the employees, whether it contained the required minimum terms and conditions, and whether it had been negotiated in good faith.

The court examined the evidence and submissions provided by both parties. It found that the agreement had been negotiated in good faith and contained all the required minimum terms and conditions. The court also determined that the process leading to the agreement was fair and appropriate. Consequently, the court approved the agreement under section 233 of the Fair Work Act.

The court ordered that the SPX Flow Technology Australia Pty Ltd (Service and Warehouse) Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and would have effect from the date of the court's order.

SPX Flow Technology Australia Pty Ltd T/A SPX Flow

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established