DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cafco Services Pty Ltd ATF Cafco Services Unit Trust T/A Cafco Services Pty Ltd
(AG2019/4897)

CAFCO SERVICES PTY LTD AND AMWU GEELONG AREA AGREEMENT 2017 - 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JANUARY 2020

Application for approval of the CAFCO SERVICES PTY LTD AND AMWU Geelong Area Agreement 2017 - 2020.

[1] An application has been made for approval of a greenfields agreement known as the CAFCO SERVICES PTY LTD AND AMWU Geelong Area Agreement 2017 - 2020 (the Agreement). The application was made by Cafco Services Pty Ltd ATF Cafco Services Unit Trust T/A Cafco Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2020. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cafco Services Pty Ltd, trading as Cafco Services Pty Ltd, sought approval of an agreement made with the Australian Manufacturing Workers' Union (AMWU) Geelong Area Branch. The application was heard in the Fair Work Commission. The primary dispute concerned the terms of the proposed agreement, specifically addressing the working conditions and remuneration of employees within Cafco Services.

The legal issues before the Commission involved whether the proposed agreement met the requirements of the Fair Work Act 2009. Key considerations included whether the agreement provided for a safety net of minimum wages and conditions, whether it complied with relevant minimum standards, and whether it adhered to the good faith bargaining provisions. The Commission also needed to determine if the agreement was made in good faith and if it provided for the proper administration of the agreement.

In reaching its decision, the Commission considered the evidence presented by both parties. It found that the agreement provided for a safety net of minimum wages and conditions, and it complied with the relevant minimum standards. The Commission was satisfied that the agreement had been made in good faith and provided for the proper administration of the agreement. Accordingly, the Commission approved the proposed agreement, finding it to be in accordance with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission approved the CAFCO SERVICES PTY LTD AND AMWU Geelong Area Agreement 2017 - 2020, effective from 1 July 2017. The approval was made on the basis that the agreement met the statutory requirements and provided for the proper administration of the agreement.

Cafco Services Pty Ltd ATF Cafco Services Unit Trust T/A Cafco Services 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