DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Weldlok Industries Pty Ltd
(AG2017/2841)

WELDLOK INDUSTRIES YAGOONA ENTERPRISE AGREEMENT 2017 - 2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 16 AUGUST 2017

Application for approval of the Weldlok Industries Yagoona Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Weldlok Industries Yagoona Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Weldlok Industries 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 23 August 2017. The nominal expiry date of the Agreement is 16 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Weldlok Industries Pty Ltd, the applicant sought approval of the Weldlok Industries Yagoona Enterprise Agreement 2017-2020, which was submitted to the Fair Work Commission. The dispute arose from the negotiation of the terms and conditions of employment for employees of the applicant company, Weldlok Industries, and the union representing those employees. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was certified as genuine by a certified bargaining agent. The court was required to consider the terms of the agreement, the process by which it was negotiated, and whether it met the criteria for approval as set out in the Fair Work Act. The court also needed to assess whether the agreement was consistent with the provisions of the National Employment Standards and the applicable awards.

The court found that the agreement met the requirements for approval under the Fair Work Act. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the provisions of the National Employment Standards and the applicable awards. The court was satisfied that the agreement was certified as genuine by a certified bargaining agent, and that the negotiation process was fair and reasonable. The court concluded that the agreement met the criteria for approval and granted the applicant's application for approval.

The court's decision was based on a detailed analysis of the agreement and the evidence presented by both parties. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the requirements for approval under the Fair Work Act. The court granted the applicant's application for approval of the Weldlok Industries Yagoona Enterprise Agreement 2017-2020.

Weldlok Industries 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