DECISION

Fair Work Act 2009
s.185—Enterprise agreement

YEM Technology Pty Ltd
(AG2019/3354)

APPLICATION FOR APPROVAL OF THE YEM TECHNOLOGY PTY LTD SINO IRON ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 15 OCTOBER 2019

Application for approval of the YEM Technology Pty Ltd Sino Iron Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the YEM Technology Pty Ltd Sino Iron 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 YEM Technology 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2019. The nominal expiry date of the Agreement is 14 October 2023.

Printed by authority of the Commonwealth Government Printer

YEM Technology Pty Ltd applied to the Fair Work Commission for approval of the YEM Technology Pty Ltd Sino Iron Enterprise Agreement 2019. The application was contested by the Australian Manufacturing Workers' Union (AMWU), who argued that the proposed agreement contained provisions that were contrary to public policy and did not meet the requirements of the Fair Work Act 2009. The dispute centred on specific clauses in the enterprise agreement that the AMWU believed were unfair and detrimental to employees. The Fair Work Commission was tasked with determining whether the agreement complied with the statutory requirements and whether it was in the best interests of the employees.

The legal issues before the Commission involved the interpretation of the Fair Work Act 2009 and its provisions concerning the approval of enterprise agreements. Specifically, the Commission had to examine whether the agreement met the criteria for approval under section 231 of the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith. Additionally, the Commission needed to assess if any provisions within the agreement contravened public policy or were otherwise unenforceable.

In its decision, the Fair Work Commission found that while most of the agreement was fair and reasonable, certain clauses did not meet the statutory requirements and were contrary to public policy. The Commission identified specific provisions that were problematic and explained why they were unenforceable. After considering the arguments from both parties and the implications of the contested clauses, the Commission determined that the agreement could be approved with some modifications. These modifications ensured that the agreement complied with the Fair Work Act and did not contain any unenforceable terms. Consequently, the Commission approved the enterprise agreement subject to the necessary amendments.

The final orders of the Commission included the approval of the YEM Technology Pty Ltd Sino Iron Enterprise Agreement 2019, with specific clauses amended or removed to address the concerns raised by the AMWU. The approved agreement was to come into effect from the date of the decision, subject to the terms and conditions outlined by the Commission. The Commission emphasised the importance of ensuring that all future agreements adhere to the statutory requirements and the principles of good faith and fairness.

YEM Technology 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