DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cafco Services Pty Ltd ATF Cafco Servies Unit Trust T/A Cafco Services Pty Ltd
(AG2017/5840)

CAFCO SERVICES PTY LTD AND THE AMWU (ALTONA AREA) AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER SAUNDERS	NEWCASTLE, 22 DECEMBER 2017

Application for approval of the Cafco Services Pty Ltd and the AMWU (Altona Area) Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Cafco Services Pty Ltd and the AMWU (Altona Area) Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cafco Services Pty Ltd ATF Cafco Servies Unit Trust T/A Cafco Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cafco Services Pty Ltd, trading as Cafco Services Pty Ltd, sought approval of a proposed agreement with the AMWU (Altona Area) for the period 2017-2020. The matter was heard by the Fair Work Commission. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. Key issues included the fairness of the agreement, compliance with the Fair Work (Registered Organisations) Act 2009, and whether the agreement provided for genuine bargaining.

The Fair Work Commission examined the agreement's provisions, including terms and conditions of employment, dispute resolution mechanisms, and the process of bargaining. The Commission considered whether the agreement was the product of genuine bargaining and whether it complied with relevant legislative provisions. The Commission also evaluated the fairness of the agreement's terms and conditions and its alignment with the principles of the Fair Work Act. Ultimately, the Commission found that the agreement was the product of genuine bargaining and that it complied with the relevant legislation. The terms and conditions were deemed fair and reasonable, and the agreement was approved.

In light of the findings, the Commission approved the Cafco Services Pty Ltd and the AMWU (Altona Area) Agreement 2017-2020. The decision was based on the evidence presented and the Commission's assessment of the agreement's compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission's approval ensures that the agreement will be legally binding and enforceable under the Fair Work Act.

Cafco Services Pty Ltd ATF Cafco Servies 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