XFLAM Pty Ltd Summary

[2023] FWCA 1870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

XFLAM Pty Ltd

(AG2023/1617)

XFLAM MANUFACTURING DANDENONG SOUTH SITE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 23 JUNE 2023

Application for approval of the XFLAM Manufacturing Dandenong South Site Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the XFLAM Manufacturing Dandenong South Site Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

XFLAM Pty Ltd sought approval of the XFLAM Manufacturing Dandenong South Site Enterprise Agreement 2023 from the Fair Work Commission (FWC). The dispute arose between the company and the employees represented by the Australian Manufacturing Workers' Union (AMWU). The primary issue was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 and the FWC's regulations.

The legal issues encompassed whether the agreement covered the essential terms, including minimum wages and conditions, and if it complied with the FWC's legislative framework. Specifically, the FWC examined if the agreement appropriately balanced the rights and interests of both the employer and the employees, ensuring it was not contrary to public interest. The commission also assessed the process through which the agreement was negotiated and whether it was done in good faith.

In its decision, the FWC found that the XFLAM Manufacturing Dandenong South Site Enterprise Agreement 2023 adhered to the statutory requirements. The agreement was comprehensive, covering all necessary terms, and was negotiated in good faith. The FWC noted that the agreement provided fair and reasonable terms for both parties, balancing the employer's operational needs with the employees' rights and protections. The commission concluded that the agreement did not contravene public interest and was, therefore, approved.

The FWC approved the XFLAM Manufacturing Dandenong South Site Enterprise Agreement 2023, effective from 1 July 2023. The approval was subject to the conditions that both parties would adhere to the terms and conditions outlined in the agreement, and that any disputes arising from the agreement would be subject to the FWC's jurisdiction.

XFLAM Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established