DECISION

Fair Work Act 2009
s.185—Enterprise agreement

U.C.P. Australia Pty Ltd t/a United Pumps Australia
(AG2015/5807)

UNITED PUMPS AUSTRALIA ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 6 NOVEMBER 2015

Application for approval of the United Pumps Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the United Pumps Australia Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by U.C.P. Australia Pty Ltd t/a United Pumps Australia. 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] 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.

[5] 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.

[6] The Agreement was approved on 6 November 2015 and, in accordance with s.54, will operate from 13 November 2015. The nominal expiry date of the Agreement is 13 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, U.C.P. Australia Pty Ltd t/a United Pumps Australia applied for the approval of the United Pumps Australia Enterprise Agreement 2015. The applicants sought to have the agreement approved, as they believed it met the requirements of the Fair Work Act 2009 and provided for the fair and equitable treatment of their employees.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements of the Fair Work Act 2009, including the provisions regarding minimum entitlements, dispute resolution, and procedural fairness. The Commission considered whether the agreement provided for the fair and equitable treatment of employees, and whether it met the criteria for approval under the legislation.

The Commission found that the agreement did meet the statutory requirements and provided for the fair and equitable treatment of employees. The agreement contained provisions for minimum entitlements, including rates of pay, leave entitlements, and other conditions of employment. It also included provisions for dispute resolution and procedural fairness, which were consistent with the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement provided for the fair and equitable treatment of employees and met the criteria for approval under the legislation.

Accordingly, the Commission approved the United Pumps Australia Enterprise Agreement 2015, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications related to the calculation of penalty rates and the inclusion of a dispute resolution procedure that met the requirements of the legislation. The applicants were required to implement the modifications within a specified timeframe.

U.C.P. Australia Pty Ltd t/a United Pumps Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established