DECISION

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

Warren & Brown Technologies Pty Ltd
(AG2017/5507)

WARREN & BROWN TECHNOLOGIES PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Warren & Brown Technologies Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Warren & Brown Technologies Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Warren & Brown Technologies Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 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 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 15 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Warren & Brown Technologies Pty Ltd, the employer, sought approval of their 2017 Enterprise Agreement from the Fair Work Commission. The applicant, an engineering and technology company, aimed to formalise the terms and conditions of employment for their employees under the new agreement. The nature of the dispute centred around the fairness and compliance of the proposed agreement with relevant industrial laws and regulations.

The central legal issues before the Fair Work Commission involved the procedural fairness of the agreement, its compliance with the Fair Work Act 2009, and its adherence to the requirements set forth for enterprise agreements. The Commission was tasked with determining whether the agreement was made in good faith, whether it contained the necessary provisions, and if it was fair and reasonable given the specific circumstances of the workplace. Additionally, the Commission needed to ensure that the agreement did not discriminate against employees or undermine the rights established under the Act.

In examining the application, the Commission considered the process by which the agreement was negotiated, the content of the agreement itself, and the fairness of the terms proposed. The Commission found that the agreement was negotiated in good faith, with appropriate representation from both parties, and that it contained all the mandatory provisions as required by the Fair Work Act. Furthermore, the Commission concluded that the agreement was fair and reasonable, taking into account the specific nature of the work and the bargaining positions of the parties involved. The Commission approved the Enterprise Agreement, finding it to be compliant with all legal requirements.

The Fair Work Commission's decision to approve the Warren & Brown Technologies Pty Ltd Enterprise Agreement 2017 was grounded in the procedural fairness of the agreement and its compliance with the Fair Work Act 2009. The Commission confirmed that the agreement was made in good faith and contained all necessary provisions, and it was fair and reasonable for the specific circumstances of the workplace. The approval of the agreement finalised the legal issues surrounding its validity and implementation.

Warren & Brown Technologies Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established