DECISION

Fair Work Act 2009
s.185—Enterprise agreement

U-Neek Bending Co Pty Ltd
(AG2020/2411)

U-NEEK BENDING CO PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 2 SEPTEMBER 2020

Application for approval of the U-Neek Bending Co Pty Ltd Enterprise Agreement 2020.

[1] U-Neek Bending Co Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the U-Neek Bending Co Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, and the 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] “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 seeks to be covered by the Agreement. 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 2 September 2020 and, in accordance with s 54, will operate from 9 September 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the case were U-Neek Bending Co Pty Ltd, represented by the employer, and the Australian Manufacturing Workers' Union, representing the employees. The dispute centred around the application for the approval of the U-Neek Bending Co Pty Ltd Enterprise Agreement 2020. The case was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement complied with the requirements of the Fair Work Act, specifically whether it met the "better off overall test" (BOOT). This test requires that employees be no worse off financially and have at least one additional benefit compared to the applicable award or registered agreement. Additionally, the court needed to determine whether the agreement was made in good faith and followed the necessary processes, including adequate consultation with employees.

The Fair Work Commission determined that the enterprise agreement met the BOOT, as employees were not worse off financially and had additional benefits such as improved leave entitlements. The Commission also found that the agreement was made in good faith and followed the necessary processes, including adequate consultation with employees. The Commission took into account the overall context of the agreement, including the parties' bargaining positions, the nature of the enterprise, and the economic climate.

The Fair Work Commission approved the U-Neek Bending Co Pty Ltd Enterprise Agreement 2020, finding that it met the requirements of the Fair Work Act. The approval of the agreement allows the terms and conditions of employment to be set out in the enterprise agreement rather than relying on the applicable award or registered agreement.

U-Neek Bending Co Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established