DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Xtreme Engineering Pty Ltd
(AG2017/5182)

XTREME ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER SAUNDERS	NEWCASTLE, 21 NOVEMBER 2017

Application for approval of the Xtreme Engineering Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Xtreme Engineering Pty Ltd Enterprise Agreement 2017 (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 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Xtreme Engineering Pty Ltd, sought approval of the Xtreme Engineering Pty Ltd Enterprise Agreement 2017. The respondents, including various trade unions and employee representatives, opposed the application. The dispute centred on the terms of the enterprise agreement and whether they met the statutory requirements for approval. The matter was heard in the Fair Work Commission (FWC), Australia’s workplace relations tribunal.

The central legal issue was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The applicants argued that the agreement was fairly negotiated and met all the necessary criteria for approval. The respondents contended that the agreement did not adequately protect employees' rights and interests, particularly concerning minimum wage rates, penalty rates, and conditions of employment. The court had to determine if the agreement provided genuine benefits to employees and was made in good faith.

The FWC examined the negotiation process, the terms of the agreement, and the evidence presented by both parties. It considered the fairness of the agreement in light of the statutory requirements. The Commission found that the agreement provided for genuine benefits to employees and was made in good faith. It also concluded that the negotiation process was appropriate and the terms of the agreement were fair and reasonable. Based on this, the FWC approved the enterprise agreement.

The Fair Work Commission approved the Xtreme Engineering Pty Ltd Enterprise Agreement 2017, determining that it met the statutory requirements and provided genuine benefits to employees. The Commission found that the agreement was fairly negotiated and met all necessary criteria for approval. The approval is effective from the date of the decision, ensuring that the terms of the agreement apply to the relevant employees and employers.

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