Camatic Pty Ltd Summary

[2018] FWCA 7375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Camatic Pty Ltd

(AG2018/4858)

CAMATIC ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 DECEMBER 2018

Application for approval of the Camatic Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Camatic Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Camatic Pty Ltd. The agreement is a single enterprise agreement.

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 have been met.

The Construction, Forestry, Maritime, Mining and Energy 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.

The Agreement was approved on 4 December 2018 and, in accordance with s.54, will operate from 11 December 2018. The nominal expiry date of the Agreement is 1 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Camatic Pty Ltd was the subject of an application before the Fair Work Commission concerning the approval of the Camatic Enterprise Agreement 2018. The Fair Work Commission was asked to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was brought forward by the company, Camatic, and the union involved, which represented the employees.

The central legal issue the Commission had to address was whether the agreement adhered to the requirements set out in the Fair Work Act, specifically whether it was a simple, genuine, and fair enterprise agreement. This involved examining whether the agreement was negotiated in good faith, whether it contained the necessary minimum terms and conditions, and whether it was genuinely agreed upon by the parties involved.

The Fair Work Commission found that the agreement was properly negotiated in good faith and contained all the required minimum terms and conditions. It was determined that the agreement was genuine, as it was the result of direct negotiations between the company and the union, and not imposed unilaterally. The Commission also found that the agreement was fair, considering the economic circumstances of the parties and the interests of the employees. Consequently, the application for approval was successful.

The Fair Work Commission approved the Camatic Enterprise Agreement 2018, and the agreement came into effect as per the terms outlined. The decision confirmed that the agreement met the statutory requirements and was suitable for implementation, providing a framework for the employment conditions of the parties involved.

Camatic Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established