Weldlok Industries Pty Ltd

[2014] FWCA 4855

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Weldlok Industries Pty Ltd
(AG2014/1576)

WELDLOK INDUSTRIES YAGOONA ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 18 JULY 2014

Application for approval of the Weldlok Industries Yagoona Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Weldlok Industries Yagoona Enterprise Agreement 2014-2017 (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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. 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 25 July 2014. The nominal expiry date of the Agreement is 12 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Weldlok Industries Pty Ltd, the Fair Work Commission was called upon to consider the application for the approval of the Weldlok Industries Yagoona Enterprise Agreement 2014-2017. The applicant, Weldlok Industries, sought the Commission's approval of the enterprise agreement between the company and its employees, as required under the Fair Work Act 2009. The employees were represented by the Transport Workers Union of Australia.

The central legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to determine if the agreement was made in good faith and whether it contained the minimum terms and conditions of employment as stipulated by the Act. Additionally, the Commission needed to consider if the agreement was fair and reasonable, taking into account the interests of both the employer and the employees.

In reaching its decision, the Commission examined the process by which the agreement was negotiated and the content of the agreement itself. The Commission noted that the agreement had been negotiated in good faith, with both parties engaging in a genuine attempt to reach a mutually beneficial outcome. The agreement provided for a range of terms and conditions that were consistent with the minimum standards set out in the Fair Work Act and the applicable award. The Commission found that the agreement was fair and reasonable, taking into account the interests of both parties. Consequently, the Commission approved the application and the Weldlok Industries Yagoona Enterprise Agreement 2014-2017 was ratified.

The final orders of the Commission were that the Weldlok Industries Yagoona Enterprise Agreement 2014-2017 be approved, effective from the date of the decision. This approval ensured that the agreement would govern the terms and conditions of employment for the employees covered by the agreement for the duration of its validity.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established