DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barlina Pty Ltd T/A Cagemaker
(AG2015/1580)

CAGEMAKER ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 13 JANUARY 2015

Application for approval of the Cagemaker Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cagemaker Enterprise Agreement 2014 (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 and 187 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 20 January 2015. The nominal expiry date of the Agreement is 15 December 2018.

SENIOR DEPUTY PRESIDENT

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 2014. The applicant, Barlina, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, as a greenfields agreement. The application was opposed by the Transport Workers Union of Australia, which argued that the agreement did not meet the requirements of the Act.

The legal issues before the Commission included whether the agreement provided for a fair and efficient workplace, and whether it complied with the minimum terms and conditions set out in the Fair Work Act. The Commission also had to consider whether the agreement was genuinely negotiated and whether it was in the interests of the employees.

The Fair Work Commission found that the agreement met the requirements of the Act. It was a greenfields agreement that provided for a fair and efficient workplace, and it complied with the minimum terms and conditions set out in the Act. The Commission also found that the agreement was genuinely negotiated and was in the interests of the employees. The Commission approved the agreement and registered it as a registered agreement under the Fair Work Act.

The Transport Workers Union of Australia's application for costs was dismissed. The Fair Work Commission made an order that the Cagemaker Enterprise Agreement 2014 be approved and registered as a registered agreement under the Fair Work Act 2009.

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