DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Weldlok Industries Pty Ltd
(AG2015/1428)

WELDLOK INDUSTRIES BANYO QLD ENTERPRISE AGREEMENT 2015-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 9 JULY 2015

Application for approval of the Weldlok Industries Banyo QLD Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Weldlok Industries Banyo QLD Enterprise Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[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 Agreement is approved and, in accordance with s54 of the Act, will operate from 16 July 2015. The nominal expiry date of the Agreement is 16 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Weldlok Industries Pty Ltd, an Australian company, brought an application before the Fair Work Commission seeking approval of the Weldlok Industries Banyo QLD Enterprise Agreement 2015 - 2017. The agreement was intended to regulate the employment conditions of certain employees within the company. The nature of the dispute involved the procedural fairness and the appropriateness of the agreement's terms under the Fair Work Act 2009.

The legal issues before the court included whether the enterprise agreement was made in accordance with the procedural requirements set forth by the Fair Work Act, and if the agreement's terms were fair and reasonable. The company argued that the agreement was made fairly and in good faith, and that it complied with all procedural requirements. The court needed to determine if the agreement met the legal standards for procedural fairness and whether its terms were fair and reasonable, considering the circumstances under which it was made.

In its decision, the Fair Work Commission found that the agreement was made in compliance with the procedural requirements of the Fair Work Act. The Commission examined the evidence presented, including the bargaining process and the fairness of the terms. The court concluded that the agreement was made in good faith and that the process followed was fair. The terms of the agreement were also considered fair and reasonable, taking into account the bargaining power of the parties and the overall fairness of the agreement. Consequently, the court approved the enterprise agreement.

The final orders of the Commission included the approval of the Weldlok Industries Banyo QLD Enterprise Agreement 2015 - 2017, confirming its compliance with the Fair Work Act and its fair and reasonable nature. This decision allowed the agreement to take effect, governing the employment conditions of the employees covered by it.

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