DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers' Union, The
(AG2019/1431)

CMP MANUFACTURING PTY LTD ENTERPRISE DEVELOPMENT AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MAY 2019

Application for approval of the CMP Manufacturing Pty Ltd Enterprise Development Agreement 2019

[1] The Australian Workers’ Union has made an application for approval of an enterprise agreement known as the CMP Manufacturing Pty Ltd Enterprise Development Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 May 2019 and, in accordance with s 54, will operate from 20 May 2019. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union applied to the Fair Work Commission for approval of the CMP Manufacturing Pty Ltd Enterprise Development Agreement 2019, which was to establish a new enterprise agreement for employees of CMP Manufacturing Pty Ltd. The union and the employer, CMP Manufacturing, had entered into the agreement after lengthy negotiations, and both parties sought the Commission's approval to formalise the agreement as a legally binding document.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it complied with the principles of good faith bargaining, the provisions regarding minimum entitlements, and whether it provided for appropriate dispute resolution mechanisms. Additionally, the Commission had to consider whether the agreement was fair and reasonable in all its terms.

In examining the agreement, the Commission considered the principles of good faith bargaining and the content of the proposed agreement. It found that the agreement reflected the parties' negotiated terms and that it was made in good faith. The Commission noted that the agreement provided for minimum entitlements as required by the Act and included provisions for dispute resolution that were fair and reasonable. The Commission concluded that the agreement met all the statutory requirements and approved it, recognising that it was an appropriate means of regulating the employment relationship between the union and the employer.

As a result of the Commission's decision, the CMP Manufacturing Pty Ltd Enterprise Development Agreement 2019 was approved and formalised as a legally binding enterprise agreement between the Australian Workers' Union and CMP Manufacturing Pty Ltd.

Australian Workers' Union, The

DECISION

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