DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waterside Engineering Pty Ltd
(AG2015/6077)

WATERSIDE ENGINEERING ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 17 NOVEMBER 2015

Application for approval of the Waterside Engineering Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Waterside Engineering Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Waterside Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 17 November 2015 and, in accordance with s.54, will operate from 24 November 2015. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Waterside Engineering Pty Ltd applied to the Fair Work Commission for approval of the Waterside Engineering Enterprise Agreement 2015. The application was made under section 231 of the Fair Work Act 2009, as the agreement had been negotiated in good faith, and it contained the prescribed minimum terms and conditions of employment. The application was opposed by the Maritime Union of Australia, which argued that the agreement failed to meet the requirements of the Fair Work Act and that it did not provide adequate protections for employees.

The central legal issues before the Fair Work Commission were whether the agreement contained all the prescribed minimum terms and conditions, and whether it was negotiated in good faith. The Commission considered the content of the agreement, the bargaining process, and whether the agreement met the requirements of the Fair Work Act. The Commission also considered submissions from both parties and evidence provided during the hearing.

In its decision, the Fair Work Commission found that the agreement contained all the prescribed minimum terms and conditions and was negotiated in good faith. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including provisions for wages, hours of work, leave, and dispute resolution. The Commission also found that the bargaining process was conducted in a manner that met the requirements of the Fair Work Act, and that the agreement provided adequate protections for employees.

The Fair Work Commission approved the Waterside Engineering Enterprise Agreement 2015, finding that it met the requirements of the Fair Work Act and provided adequate protections for employees. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, and that the bargaining process was conducted in good faith. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms, and that it met the requirements of the Fair Work Act.

Waterside Engineering 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