DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2016/7853)

CMP MANUFACTURING PTY LTD ENTERPRISE DEVELOPMENT AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 7 APRIL 2017

Application for approval of the CMP Manufacturing Pty Ltd Enterprise Development Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CMP Manufacturing Pty Ltd Enterprise Development Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Workers’ Union. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2017. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers’ Union applied for the approval of the CMP Manufacturing Pty Ltd Enterprise Development Agreement 2016. The agreement was entered into by the union and the employer under the Fair Work Act 2009. The union argued that the agreement was necessary to address the decline in membership and ensure the union’s ongoing capacity to represent its members effectively.

The legal issues before the commission involved determining whether the agreement met the criteria for approval under the Fair Work Act and whether the agreement was in the best interests of the employees it sought to represent. Specifically, the commission had to consider whether the agreement provided for a fair and efficient method of determining terms and conditions of employment and whether it promoted the improvement of employees’ terms and conditions.

The commission found that the agreement contained provisions that were in the best interests of the employees. The agreement provided for a structured process for resolving workplace disputes and ensured that employees had access to fair and timely resolution of issues. The commission also noted that the agreement included provisions for ongoing training and development for union representatives, which would enhance their ability to effectively represent members. Ultimately, the commission approved the agreement, recognising its potential to benefit employees by improving their terms and conditions of employment and providing a robust framework for dispute resolution.

Australian Workers’ Union, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established