DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Fremantle Foundry and Engineering Co Pty Ltd
(AG2015/2640)

THE FREMANTLE FOUNDRY & ENGINEERING CO PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 20 MAY 2015

Application for approval of The Fremantle Foundry & Engineering Co Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Fremantle Foundry & Engineering Co Pty Ltd Enterprise Agreement 2014 (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 Co 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 “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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 May 2015 and, in accordance with s.54, will operate from 27 May 2015. The nominal expiry date of the Agreement is 20 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fremantle Foundry and Engineering Co Pty Ltd is the subject of an application before the Fair Work Commission for approval of their Enterprise Agreement 2014. The application arises from negotiations between the employer and the union representatives for the employees. The nature of the dispute involves the terms and conditions of employment, including wages, hours, and other workplace arrangements as stipulated in the proposed agreement.

The primary legal issues before the Court were whether the agreement met the formal requirements under the Fair Work Act 2009 and if it contained the mandated minimum terms and conditions as set out by the Fair Work Act. The court had to assess if the agreement was genuinely negotiated, if it complied with the good faith bargaining requirements, and if it provided for a fair and reasonable set of terms for the employees. Additionally, the court had to ensure that the agreement did not discriminate against any employee or class of employees.

In delivering the decision, the Fair Work Commission found that the Fremantle Foundry and Engineering Co Pty Ltd Enterprise Agreement 2014 was genuinely negotiated and contained all the mandated minimum terms. The Commission concluded that the agreement met the statutory requirements and was fair and reasonable. The Commission was satisfied that the parties had engaged in good faith bargaining and that the agreement did not unfairly disadvantage any employee or class of employees. As a result, the Commission approved the agreement, determining that it complied with all the necessary legal criteria and could be enforced as a binding enterprise agreement under the Fair Work Act.

The Fremantle Foundry and Engineering Co 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