The Fremantle Foundry and Engineering

[2022] FWCA 352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Fremantle Foundry and Engineering

(AG2021/9203)

THE Fremantle Foundry & Engineering Company Pty Ltd Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 7 FEBRUARY 2022

Application for approval of The Fremantle Foundry & Engineering Company Pty Ltd Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as The Fremantle Foundry & Engineering Company Pty Ltd Enterprise 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 Fremantle Foundry and Engineering Company Pty Ltd. The Agreement is a single-enterprise agreement.

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.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2022. The nominal expiry date of the Agreement is 6 February 2026.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Fremantle Foundry and Engineering Company Pty Ltd brought an application for the approval of an enterprise agreement, with the Metal Trades Industry Association as the relevant employer association. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The agreement sought to regulate various employment terms and conditions for the employees of the company.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly focusing on the "better off overall test" (BOOT) and the procedural fairness requirements. The Commission needed to determine if the agreement provided employees with a safety net of minimum terms and conditions and if the consultation process adhered to the statutory requirements. Additionally, the Commission had to assess whether the agreement was made in good faith and whether it contained the necessary provisions for resolving disputes.

The Commission found that the agreement satisfied the BOOT by ensuring that employees were not worse off than they would be under the applicable award or safety net minimums. It also confirmed that the consultation process was adequate and in line with legal standards. The agreement was deemed to have been made in good faith, with all necessary provisions for dispute resolution. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the statutory requirements and its potential to benefit the employees of the company.

The Fair Work Commission approved the Fremantle Foundry and Engineering Company Pty Ltd Enterprise Agreement 2021, confirming its compliance with the Fair Work Act. The Commission's decision recognised the agreement's adherence to the "better off overall test" and procedural fairness requirements, as well as its capacity to provide a safety net for employees. The approval of the agreement allows the company and its employees to operate under the specified terms and conditions, promoting a harmonious workplace environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established