DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wire Industries Pty Ltd
(AG2016/6604)

WIRE INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 19 DECEMBER 2016

Application for approval of the Wire Industries Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wire Industries Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wire 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. 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.

[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 was approved on 19 December 2016 and, in accordance with s.54, will operate from 26 December 2016. The nominal expiry date of the Agreement is 26 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wire Industries Pty Ltd, an Australian company, sought approval of the Wire Industries Pty Ltd Enterprise Agreement 2016 from the Fair Work Commission. The agreement was intended to cover employees of the company, and the dispute centered around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission, as the body responsible for regulating enterprise agreements under Australian labour law, was tasked with determining the validity and enforceability of the agreement.

The legal issues before the Fair Work Commission included whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act, and whether the agreement had been properly negotiated. The company argued that the agreement was fair and reasonable, while some employee representatives contested certain provisions. The Commission needed to balance the statutory requirements for enterprise agreements with the principle of freedom of contract, which allows parties to negotiate the terms of their employment.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the Wire Industries Pty Ltd Enterprise Agreement 2016 was made in good faith and contained all the required minimum terms and conditions. The Commission concluded that the agreement was fair and reasonable, taking into account the nature of the work, the bargaining power of the parties, and the overall fairness of the agreement. Consequently, the Commission approved the agreement, allowing it to be registered and enforceable as a binding enterprise agreement under the Fair Work Act.

The Fair Work Commission's decision to approve the Wire Industries Pty Ltd Enterprise Agreement 2016 was based on the evidence presented, which demonstrated that the agreement met the legal requirements for approval. The agreement was registered, and the Commission's approval ensures that the terms and conditions outlined in the agreement are now binding on both the employer and the employees covered by the agreement.

Wire 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