W E Smith Engineering Pty Ltd Summary

[2013] FWCA 8369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

W E Smith Engineering Pty Ltd
(AG2013/9777)

W. E. SMITH ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 OCTOBER 2013

Application for approval of the W. E. Smith Engineering Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the W. E. Smith Engineering Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by W E Smith Engineering Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 1 November 2013. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

W E Smith Engineering Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission (FWC). The enterprise agreement, dated 2013, was subject to a dispute over its provisions regarding the calculation of allowances and entitlements. The FWC was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The primary legal issues the FWC addressed were whether the agreement's provisions regarding allowances and entitlements were consistent with the provisions of the Fair Work Act and whether the agreement complied with the good faith bargaining requirement. The FWC had to consider the fairness of the agreement, particularly focusing on the calculation and payment of allowances and entitlements as stipulated within the enterprise agreement.

In its decision, the FWC examined the evidence provided by both parties and analysed the provisions of the Fair Work Act. The FWC determined that the agreement's provisions concerning the calculation of allowances and entitlements were in compliance with the Act. Additionally, the FWC found that the agreement was the product of good faith bargaining, as required by the legislation. Consequently, the FWC approved the enterprise agreement, finding it to be in the best interests of the employees and compliant with the legal standards.

The FWC approved the W. E. Smith Engineering Pty Ltd Enterprise Agreement 2013, confirming its validity and compliance with the Fair Work Act. The agreement was set to be registered, thereby providing the legal framework for the terms and conditions of employment within the company.

W E Smith Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established