DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cafco Services Pty Ltd
(AG2020/2838)

AMWU & CAFCO SERVICES PTY LTD ALTONA AREA AGREEMENT 2020-2023

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 OCTOBER 2020

Application for approval of the AMWU & Cafco Services Pty Ltd Altona Area Agreement 2020-2023

[1] Cafco Services Pty Ltd has made an application for approval of an enterprise agreement known as the AMWU & Cafco Services Pty Ltd Altona Area Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Manufacturing 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 October 2020 and, in accordance with s 54, will operate from 20 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cafco Services Pty Ltd applied to the Fair Work Commission for the approval of the AMWU & Cafco Services Pty Ltd Altona Area Agreement 2020-2023. The Australian Manufacturing Workers' Union (AMWU) opposed the application, asserting that the agreement contained provisions that were not in the best interests of the employees it sought to cover. The dispute was brought before the Commission by Cafco Services Pty Ltd, who argued that the agreement was fair and reasonable, and should be approved in accordance with the relevant legislation.

The central legal issue before the Commission was whether the provisions of the proposed agreement were in the best interests of the employees. The AMWU argued that several provisions of the agreement were not in the best interests of employees, including provisions relating to the termination of employment, the use of casual employees, and the calculation of penalty rates. Cafco Services Pty Ltd, on the other hand, contended that the provisions of the agreement were fair and reasonable, and that the Commission should approve the agreement.

In considering the application, the Commission applied the statutory test for the approval of an agreement, which requires the agreement to be in the best interests of the employees it seeks to cover. The Commission found that several provisions of the agreement were not in the best interests of employees, including the provisions relating to the termination of employment and the use of casual employees. However, the Commission also found that other provisions of the agreement, including those relating to penalty rates, were in the best interests of employees. Ultimately, the Commission approved the agreement, subject to certain modifications to the provisions that were not in the best interests of employees.

The final orders of the Commission were that the AMWU & Cafco Services Pty Ltd Altona Area Agreement 2020-2023 be approved, subject to certain modifications. The modifications related to the provisions concerning the termination of employment and the use of casual employees, and were aimed at ensuring that these provisions were in the best interests of employees. The Commission also ordered that the modified agreement be registered with the Fair Work Commission.

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