DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Engineering Company Pty Ltd T/A The Engineering Company
(AG2021/5133)

THE ENGINEERING COMPANY WORKPLACE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 21 MAY 2021

Application for approval of The Engineering Company Workplace Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as The Engineering Company Workplace Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Engineering Company Pty Ltd T/A The Engineering Company. The Agreement is a single enterprise agreement.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2021. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, The Engineering Company Pty Ltd, trading as The Engineering Company, applied for approval of a workplace agreement. The application arose from a dispute between the company and its employees over the terms and conditions of their employment as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The legal issues the court had to address included whether the agreement complied with the Fair Work Act 2009, particularly in relation to provisions concerning minimum wage rates, penalty rates, and other employment conditions. The court also had to consider whether the agreement was made in good faith and whether it provided fair terms and conditions of employment. Additionally, the court examined whether the agreement satisfied the requirements for being a single-enterprise agreement and whether it provided for an appropriate process for resolving disputes.

The Fair Work Commission found that the proposed agreement did not meet the requirements for approval. The court identified several deficiencies in the agreement, including inadequate provisions for minimum wage rates and failure to provide for adequate penalty rates. Furthermore, the court determined that the agreement did not adequately address the process for resolving disputes. As a result, the application for approval of the agreement was dismissed. The Commission ordered that the proposed agreement be returned to the parties for amendment and resubmission, if appropriate.

The Engineering Company Pty Ltd T/A The Engineering Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established