DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barlina Pty Ltd T/A Cagemaker
(AG2019/1174)

CAGEMAKER ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 7 MAY 2019

Application for approval of the Cagemaker Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cagemaker 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 Barlina Pty Ltd T/A Cagemaker. 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 14 May 2019. The nominal expiry date of the Agreement is 6 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Barlina Pty Ltd, trading as Cagemaker, applied to the Fair Work Commission for approval of the Cagemaker Enterprise Agreement 2019. The dispute arose from the negotiation and proposed terms of the agreement, which sought to regulate the employment conditions of workers within the company. The application was made in accordance with the Fair Work Act 2009, which mandates the approval of enterprise agreements before they can take effect.

The legal issues before the court involved the compliance of the proposed agreement with the statutory requirements of the Fair Work Act. Specifically, the court needed to determine whether the agreement met the good faith bargaining criteria, was free from prohibited content, and whether it provided for proper terms and conditions of employment. Additionally, the court examined the process through which the agreement was negotiated to ensure it adhered to procedural fairness.

The court found that the agreement was the product of good faith bargaining, as evidenced by the negotiation process and the involvement of relevant parties. It was also determined that the agreement did not contain any prohibited content and provided for fair terms and conditions that were not detrimental to the employees. The process of negotiation was deemed to be procedurally fair, with both parties having the opportunity to present their views and engage in discussions. Based on these findings, the court approved the agreement, allowing it to be implemented as intended.

The final orders of the court were that the Cagemaker Enterprise Agreement 2019 be approved and registered with the Fair Work Commission. This approval enables the agreement to take effect and govern the employment conditions of the workers at Barlina Pty Ltd. The decision ensures that the agreement will operate within the legal framework provided by the Fair Work Act, maintaining the balance between the rights of employers and employees.

Barlina Pty Ltd T/A Cagemaker

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established