DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Unique Metal Works Pty Ltd T/A Unique Metals Laser
(AG2021/5840)

UNIQUE METALS LASER (COOPERS PLAINS, QLD) EMPLOYEE COLLECTIVE AGREEMENT 2020-2024

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 8 JULY 2021

Application for approval of the Unique Metals Laser (Coopers Plains, Qld) Employee Collective Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Unique Metals Laser (Coopers Plains, Qld) Employee Collective Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unique Metal Works Pty Ltd T/A Unique Metals Laser (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2021. The nominal expiry date of the Agreement is 15 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unique Metal Works Pty Ltd, trading as Unique Metals Laser, sought approval for the Employee Collective Agreement 2020-2024 under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was tasked with assessing whether the agreement met the necessary criteria for approval. The dispute centred around the terms of the proposed agreement, which Unique Metal Works had negotiated with its employees represented by the Metal and Engineering Workers Union.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it contained the necessary minimum terms as stipulated by the Fair Work Act, and whether it complied with the procedural requirements for such agreements. The Commission also had to consider whether the agreement was likely to have a detrimental effect on the economic performance of the employer or the competitiveness of the business.

In delivering its decision, the Commission found that the agreement had been made in good faith and contained all the required minimum terms. It noted that both parties had engaged in genuine negotiations and that the terms of the agreement were fair and reasonable. The Commission was satisfied that the agreement complied with the procedural requirements and would not have an adverse effect on the economic performance or competitiveness of the employer. Consequently, the Commission approved the Employee Collective Agreement 2020-2024, deeming it to be in the best interests of the employees and the employer.

Unique Metal Works Pty Ltd T/A Unique Metals Laser

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established