Wire Industries Pty Ltd

Case [2023] FWCA 862
[2023] FWCA 862

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wire Industries Pty Ltd

(AG2023/505)

WIRE INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries

COMMISSIONER MCKINNON

SYDNEY, 22 MARCH 2023

Application for approval of the Wire Industries Pty Ltd Enterprise Agreement 2023

  1. Wire Industries Pty Ltd has applied for approval of a single enterprise agreement known as the Wire Industries Pty Ltd Enterprise Agreement 2023 (the Agreement).

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

  1. The Agreement is approved and will operate from 29 March 2023. The nominal expiry date of the Agreement is 29 March 2026.

  1. The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE519541  PR760495>

Details
AGLC
Wire Industries Pty Ltd [2023] FWCA 862
Case
[2023] FWCA 862
Decision Date

CaseChat Overview and Summary

Wire Industries Pty Ltd, the applicant, applied to the Fair Work Commission for the approval of the Wire Industries Pty Ltd Enterprise Agreement 2023. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, including wages, working hours, and leave provisions. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to assess if the agreement provided for fair and reasonable terms and conditions, taking into account the principles of genuine agreement, good faith bargaining, and the preservation of the right to strike. Additionally, the Commission had to ensure that the agreement did not undermine the minimum standards set by the Fair Work Act or the National Employment Standards.

The Commission found that the Wire Industries Pty Ltd Enterprise Agreement 2023 met the necessary criteria for approval. It was concluded that the agreement was the result of genuine agreement and good faith bargaining, and it did not contravene the minimum standards of the Fair Work Act or the National Employment Standards. The Commission highlighted that the agreement provided for fair and reasonable terms and conditions, and it was in the best interests of the employees. Consequently, the Commission approved the agreement, paving the way for its implementation.

The Fair Work Commission approved the Wire Industries Pty Ltd Enterprise Agreement 2023. The Commission's decision was based on the conclusion that the agreement was the result of genuine agreement and good faith bargaining, and it met the legal requirements for approval under the Fair Work Act. The agreement was now in effect, governing the terms and conditions of employment for the employees of Wire Industries Pty Ltd.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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