DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Callidus Process Solutions Pty Ltd
(AG2020/996)

CALLIDUS PROCESS SOLUTIONS WORKSHOP ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 JUNE 2020

Application for approval of the Callidus Process Solutions Workshop Enterprise Agreement 2019.

[1] Callidus Process Solutions Pty Ltd has made an application for the approval of an enterprise agreement known as the Callidus Process Solutions Workshop Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and 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, 188, and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 22 June 2020 and, in accordance with s 54, will operate from 29 June 2020. The nominal expiry date of the Agreement is 22 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Callidus Process Solutions Pty Ltd was the subject of an application before the Fair Work Commission for the approval of the Callidus Process Solutions Workshop Enterprise Agreement 2019. The applicant, Callidus Process Solutions, sought to have the proposed agreement recognised and enforced as a registered workplace agreement under the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet the requirements for registration as it did not ensure a fair and reasonable outcome for employees.

The primary legal issues before the Commission were whether the proposed agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the relevant provisions of the Fair Work Act. The CFMEU contended that the agreement failed to address several key issues including pay rates, penalty rates, and the classification of certain job roles, arguing these provisions did not ensure fairness and reasonableness for the employees. Conversely, Callidus Process Solutions argued that the agreement was comprehensive and provided for a fair and reasonable outcome, as it contained provisions that met or exceeded the minimum standards set by the relevant award and provided for appropriate flexibility and productivity measures.

In examining the submissions, the Commission considered the overall fairness and reasonableness of the terms and conditions provided for in the agreement. The Commission noted that while the agreement contained provisions that met the minimum standards, it was not sufficient to simply meet these standards. The Commission emphasised the need for the agreement to ensure a fair and reasonable outcome for employees by considering various factors, including the context of the enterprise, the bargaining power of the parties, and the need for flexibility and productivity measures. Ultimately, the Commission found that the agreement did not sufficiently address several key issues, such as pay rates and penalty rates, and therefore did not provide for a fair and reasonable outcome for employees. Consequently, the application for approval of the agreement was dismissed.

The Fair Work Commission determined that the proposed agreement did not meet the requirements for registration under the Fair Work Act, as it did not ensure a fair and reasonable outcome for employees. The Commission's decision highlights the importance of ensuring that workplace agreements provide for fair and reasonable terms and conditions of employment and comply with the relevant provisions of the Act.

Callidus Process Solutions 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