DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waratah Engineering Pty Ltd T/A Kopex Waratah
(AG2015/941)

WARATAH ENGINEERING PTY LTD T/AS KOPEX WARATAH COLLECTIVE AGREEMENT 2015-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 MAY 2015

Application for approval of the Waratah Engineering Pty Ltd t/as Kopex Waratah Collective Agreement 2015-2016.

[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 2015-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Waratah Engineering Pty Ltd t/as Kopex Waratah. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 24 April 2015.

[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 bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. 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 28 May 2015. The nominal expiry date of the Agreement is 1 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Waratah Engineering Pty Ltd, trading as Kopex Waratah, filed an application for the approval of the Waratah Engineering Pty Ltd t/as Kopex Waratah Collective Agreement 2015-2016. The application was heard in the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute arose from the terms and conditions of employment outlined in the collective agreement, which was intended to govern the relationship between the employer and the employees represented by the Australian Manufacturing Workers Union.

The central legal issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act, particularly in relation to the bargaining process and the content of the agreement. The Commission had to assess whether the agreement was genuinely negotiated between the employer and the union, and whether it contained terms and conditions that were fair and reasonable. Additionally, the Commission needed to ensure that the agreement did not include any terms that were contrary to the principles of the Fair Work Act, such as those that might unfairly disadvantage employees.

In reaching its decision, the Commission considered the evidence provided by both parties, including the process by which the agreement was negotiated. The Commission also examined the specific terms of the agreement to determine if they met the standards set out in the Fair Work Act. The Commission found that the agreement was genuinely negotiated and that it contained terms that were fair and reasonable. The Commission concluded that the agreement did not include any provisions that would be contrary to the principles of the Act. Consequently, the Commission approved the Waratah Engineering Pty Ltd t/as Kopex Waratah Collective Agreement 2015-2016.

The final orders of the Commission were that the Waratah Engineering Pty Ltd t/as Kopex Waratah Collective Agreement 2015-2016 be approved, effective from the date of the decision. The agreement was to remain in force until the next scheduled review or until otherwise terminated in accordance with its provisions. This decision provided clarity and legal certainty for both the employer and the employees regarding their employment conditions for the specified period.

Waratah Engineering Pty Ltd T/A Kopex Waratah

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established