DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Australian Specialty Alloys Pty Ltd
(AG2017/558)

WESTERN AUSTRALIAN SPECIALITY ALLOYS PTY LTD FOUNDRY ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 MAY 2017

Application for approval of the Western Australian Speciality Alloys Pty Ltd Foundry Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Western Australian Speciality Alloys Pty Ltd Foundry 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 Western Australian Specialty Alloys 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[6] The Agreement was approved on 10 May 2017 and, in accordance with s.54, will operate from 17 May 2017. The nominal expiry date of the Agreement is 6 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Western Australian Specialty Alloys Pty Ltd, the Fair Work Commission was called upon to determine the validity of the 2017 Foundry Enterprise Agreement. The dispute arose between the company and the Australian Manufacturing Workers' Union, representing the employees, concerning the proposed terms and conditions set forth in the agreement. The primary contention was whether the agreement complied with the relevant legislative standards and if it was fair and reasonable for the workforce.

The legal issues before the court centred on whether the agreement met the criteria for an enterprise agreement as outlined in the Fair Work Act 2009. This included examining whether the agreement covered a relevant workforce, if it was certified as a single-interest employee group, and if the agreement had been fairly negotiated. Furthermore, the court had to determine if the terms and conditions were fair and reasonable, taking into account the existing industrial conditions and any relevant benchmarks.

The Fair Work Commission, after considering the submissions from both parties and the evidence presented, found that the agreement did meet the legislative requirements. The agreement was deemed to cover all relevant employees and had been fairly negotiated. The court also found that the terms and conditions proposed were fair and reasonable, taking into account the existing industrial conditions and relevant benchmarks. As a result, the Fair Work Commission approved the Western Australian Specialty Alloys Pty Ltd Foundry Enterprise Agreement 2017.

The final orders of the Fair Work Commission included the approval of the agreement, which was to take effect from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with the terms and conditions set forth within the agreement.

Western Australian Specialty Alloys 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