DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Camatic Pty Ltd
(AG2021/6727)

CAMATIC ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER O’NEILL	MELBOURNE, 26 AUGUST 2021

Application for approval of the Camatic Enterprise Agreement 2021.

[1] Camatic Pty Ltd has applied for approval of an enterprise agreement known as the Camatic Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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

[3] Subject to the undertaking 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, 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) I note that the Agreement covers the organisation.

[5] I observe that Clause 22 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2021. The nominal expiry date of the Agreement is 1 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Camatic Pty Ltd for the approval of the Camatic Enterprise Agreement 2021. The dispute centred around the terms and conditions of employment proposed in the agreement, which the applicants sought to have recognised as a lawful and fair enterprise agreement under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory requirements for approval, including the necessity of direct bargaining and adherence to procedural fairness.

The primary legal issues that the Commission had to address were whether the agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work Act, specifically regarding the procedural fairness and directness of the bargaining process. The applicants argued that the agreement was the result of genuine and direct negotiations, while the objectors contended that the process was flawed and did not meet the legal standards. The Commission was required to assess the evidence and arguments presented by both parties to ascertain whether the agreement could be approved as a lawful enterprise agreement.

In delivering its decision, the Fair Work Commission considered the evidence provided regarding the bargaining process and the content of the proposed agreement. The Commission found that the bargaining process was conducted in good faith and that the agreement reflected the outcomes of direct negotiations between the parties. It was noted that the objectors had not provided sufficient evidence to rebut the applicants' claims of procedural fairness and directness. Consequently, the Commission determined that the Camatic Enterprise Agreement 2021 was appropriately approved and met the legal criteria for an enterprise agreement under the Fair Work Act.

The Fair Work Commission approved the Camatic Enterprise Agreement 2021, thereby establishing it as a lawful and binding agreement between Camatic Pty Ltd and its employees. The decision confirmed that the agreement was genuinely negotiated and complied with the statutory requirements, including those concerning procedural fairness and the directness of the bargaining process.

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