DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Camatic Pty Ltd
(AG2016/507)

CAMATIC ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 23 MARCH 2016

Application for approval of the Camatic Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Camatic Enterprise Agreement 2016 (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.

[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] Subject to the undertakings referred to above, 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.

[4] The Construction, Forestry, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2016. The nominal expiry date of the Agreement is 1 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Camatic Pty Ltd was the subject of an application for the approval of an enterprise agreement, specifically the Camatic Enterprise Agreement 2016. This agreement was between Camatic Pty Ltd and its employees represented by the Automotive, Metals and Engineering Employees' Union. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary dispute centred on whether the agreement provided adequate protections and benefits to the employees, and whether it complied with the relevant provisions of the Act.

The legal issues before the Commission involved the interpretation and application of the statutory requirements for the approval of an enterprise agreement. Key among these were the need for the agreement to provide for the terms and conditions of employment of the employees, including minimum rates of pay and conditions that met or exceeded the relevant awards or registered agreements. Additionally, the Commission needed to ensure that the agreement did not undermine the protection of employees’ rights and interests, particularly in relation to redundancy payments and other entitlements. It was also necessary to consider whether the agreement had been made in good faith and whether it included adequate provisions for dispute resolution.

The Commission found that the Camatic Enterprise Agreement 2016 was largely consistent with the requirements of the Fair Work Act. The agreement provided for appropriate minimum rates of pay and conditions, ensuring that it met or exceeded the relevant award provisions. The Commission also noted that the agreement included provisions for redundancy payments and other employee entitlements that were in line with the statutory protections. Furthermore, the Commission was satisfied that the agreement had been made in good faith and included adequate mechanisms for dispute resolution. After considering all the evidence and arguments presented, the Commission approved the Camatic Enterprise Agreement 2016, finding that it met the necessary criteria for approval.

Camatic 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