Waratah Engineering Pty Ltd

[2013] FWCA 3481

FAIR WORK COMMISSION

DECISION

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

Waratah Engineering Pty Ltd
(AG2013/1318)

WARATAH ENGINEERING PTY LTD T/AS KOPEX WARATAH COLLECTIVE AGREEMENT 2012-2014

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 4 JUNE 2013

Application for approval of the Waratah Engineering Pty Ltd t/as Kopex Waratah Collective Agreement 2012-2014.

[1] An application has been made for approval of an enterprise agreement known as the Waratah Engineering Pty Ltd t/as Kopex Waratah Collective Agreement 2012-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Waratah Engineering Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 11 June 2013. The nominal expiry date is 6 January 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Waratah Engineering Pty Ltd was a party in an application concerning the approval of a collective agreement between the applicant and the relevant union. The applicant sought approval of the agreement under the Fair Work Act 2009, which was the subject of a dispute regarding certain terms and conditions. The matter was brought before the Fair Work Commission, where it was assessed for compliance with the Act.

The primary legal issues addressed by the Commission involved the interpretation and application of the Fair Work Act, specifically sections relating to the approval of collective agreements. The Commission had to determine whether the terms and conditions outlined in the proposed agreement were in line with the requirements of the Act, considering factors such as the process of agreement, the scope of the agreement, and the rights of employees and employers. Additionally, the Commission needed to assess whether the agreement met the threshold for being deemed a 'modern award' under the Act.

The Commission examined the process by which the agreement was reached, finding it to be compliant with the procedural requirements of the Act. It also assessed the content of the agreement, determining that the terms and conditions were reasonable and fair. The Commission concluded that the agreement provided appropriate protections for employees and did not undermine the intended purpose of the Act. Based on these findings, the Commission approved the agreement, stating that it met the necessary criteria under the Fair Work Act.

The Fair Work Commission approved the Waratah Engineering Pty Ltd t/as Kopex Waratah Collective Agreement 2012-2014, finding it to be in compliance with the Fair Work Act 2009. The Commission determined that the agreement was reached through a fair and lawful process, and its terms and conditions were reasonable and fair, providing appropriate protections for employees. As a result, the Commission granted the applicant's application for approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established