Unique Metal Works Pty Ltd T/A Unique Metals Laser

[2024] FWCA 4462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Unique Metal Works Pty Ltd T/A Unique Metals Laser

(AG2024/4547)

UNIQUE METALS LASER (WELSHPOOL, WA) EMPLOYEE COLLECTIVE AGREEMENT 2024-2028

Manufacturing and associated industries
COMMISSIONER SCHNEIDER	PERTH, 12 DECEMBER 2024

Application for approval of the Unique Metals Laser (Welshpool, WA) Employee Collective Agreement 2024-2028

Unique Metal Works Pty Ltd T/A Unique Metals Laser (the Applicant) has made an application for the approval of a single enterprise agreement known as the Unique Metals Laser (Welshpool, WA) Employee Collective Agreement 2024-2028 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act).

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met. Clause 4 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 December 2024. The nominal expiry date of the Agreement is 12 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unique Metal Works Pty Ltd, trading as Unique Metals Laser in Welshpool, Western Australia, sought approval of a new employee collective agreement. The application was brought before the Fair Work Commission. The agreement, which was to govern the employment terms and conditions for the period 2024-2028, was contested by the employer and the employees. The primary issue for the commission was whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether they were fair and reasonable in the circumstances. Specifically, the commission had to consider whether the agreement met the criteria for a modern award, whether it provided for the payment of minimum rates of pay, and whether it allowed for appropriate flexibility and productivity improvements.

The commission reviewed the provisions of the proposed agreement, assessing them against the statutory framework and existing modern awards. The commission found that while the agreement contained several terms that were consistent with the existing modern award, there were certain provisions that did not meet the criteria for approval. These provisions included those relating to the payment of overtime rates and the definition of penalty rates. After hearing submissions from both parties, the commission determined that while the overall agreement was fair and reasonable, certain terms needed to be modified to comply with the statutory requirements. Consequently, the commission approved the agreement with modifications to the specified terms, ensuring compliance with the Fair Work Act 2009 and the existing modern award. The modifications included clarifications on overtime and penalty rates to ensure they aligned with legislative standards.

The final orders of the commission approved the Employee Collective Agreement 2024-2028, subject to the modifications made to the provisions relating to overtime and penalty rates. The commission's decision balanced the need for a fair agreement with the necessity to adhere to statutory requirements, ensuring that both parties' interests were considered in the outcome.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established