DECISION

Fair Work Act 2009
s.185—Enterprise agreement

XFLAM Pty Ltd
(AG2019/3107)

XFLAM MANUFACTURING DANDENONG SOUTH SITE ENTERPRISE AGEREMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 SEPTEMBER 2019

Application for approval of the XFLAM Pty Ltd Dandenong South Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the XFLAM Pty Ltd Dandenong South Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by XFLAM Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Agreement was approved on 17 September 2019 and, in accordance with s.54, will operate from 24 September 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

XFLAM Pty Ltd applied to the Fair Work Commission for the approval of a proposed enterprise agreement with its employees. The respondents to the application were the Australian Manufacturing Workers’ Union and the Shop, Distributive and Allied Employees’ Association. The nature of the dispute was whether the proposed agreement contained all the mandated terms and conditions, and whether it was made in accordance with the relevant legislative provisions. The matter was heard in the Fair Work Commission, Australia’s independent statutory body responsible for resolving workplace disputes and promoting fair work practices.

The primary legal issues the Commission was required to address included whether the proposed agreement met the legal requirements for an enterprise agreement under the Fair Work Act 2009, such as whether the agreement was made without coercion and whether it contained the mandated terms and conditions. The Commission also needed to determine whether the agreement was procedurally fair, considering the process through which it was negotiated and agreed upon by the parties. Additionally, the Commission examined whether the agreement adhered to the principles of good faith bargaining and whether it provided appropriate protections and benefits for the employees.

In its decision, the Commission found that the proposed agreement was procedurally fair and was made without any form of coercion. The Commission confirmed that the agreement contained all the mandated terms and conditions as required by the Fair Work Act 2009. The Commission also determined that the agreement was made in good faith and provided adequate protections and benefits for the employees. Consequently, the Commission approved the proposed enterprise agreement, noting that it met all the legal requirements and was in the best interest of the employees and the employer.

The Fair Work Commission approved the XFLAM Pty Ltd Dandenong South Enterprise Agreement 2019, deeming it compliant with the Fair Work Act 2009 and procedurally fair. The Commission's approval ensures that the agreement will now govern the employment conditions of the employees covered by the agreement, providing a framework for fair and effective workplace relations.

XFLAM 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