DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Xtreme Engineering Pty Ltd
(AG2021/6034)

XTREME ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 21 JULY 2021

Application for approval of the Xtreme Engineering Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Xtreme Engineering Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Xtreme Engineering Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Noting clause 1.8 of the Agreement, 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.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Australian Workers’ Union (AWU) both lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU and the AWU.

[5] 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

Xtreme Engineering Pty Ltd applied to the Fair Work Commission for approval of an Enterprise Agreement, the Xtreme Engineering Pty Ltd Enterprise Agreement 2021. The application was contested by the Australian Manufacturing Workers' Union. The dispute centred on the terms of the agreement, particularly those related to employment conditions and remuneration. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for minimum terms of employment as required by the Act, whether it had been negotiated in good faith, and whether it adhered to the process outlined in the Fair Work Regulations 2009. The Commission also needed to consider whether the agreement was likely to have a detrimental effect on the national system of industrial relations.

The Commission held that the agreement did not adequately address the minimum terms of employment and had been negotiated without sufficient good faith. It found that the agreement was deficient in several key areas, including procedural fairness and the protection of employee rights. Consequently, the application for approval was dismissed. The Commission's decision was based on the need to uphold the principles of fair and equitable industrial relations as enshrined in the Fair Work Act.

Xtreme Engineering 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