DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Camec Pty Ltd T/A Camec
(AG2019/3963)

CAMEC PTY LTD DANDENONG FACTORY AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 11 NOVEMBER 2019

Application for approval of the Camec Pty Ltd Dandenong Factory Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Camec Pty Ltd Dandenong Factory Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Camec Pty Ltd T/A Camec. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Camec Pty Ltd, trading as Camec, applied to the Fair Work Commission for approval of the Camec Pty Ltd Dandenong Factory Agreement 2019. The application arose from negotiations between Camec and the Transport Workers Union (TWU), the registered union for relevant employees. The primary issue before the Commission was whether the application met the statutory criteria for approval, including whether it was made in good faith and whether it provided for minimum terms and conditions of employment. The TWU opposed the application, arguing that it did not provide for minimum terms and conditions and was not made in good faith.

The Commission examined the application against the statutory criteria and the background of the negotiations. It noted that the application was made following failed negotiations and that Camec had not made any concession in relation to the key issues in dispute. The Commission also considered the content of the proposed agreement, including the terms and conditions of employment, and found that it did not provide for the minimum entitlements required by law. In particular, the Commission found that the proposed agreement did not provide for a sufficient level of penalty rates for Sunday work. The Commission concluded that the application did not meet the statutory criteria for approval and dismissed it.

The Commission's decision was based on its interpretation of the statutory criteria and the facts of the case. The Commission found that Camec had not made the application in good faith and that the proposed agreement did not provide for the minimum terms and conditions of employment required by law. The Commission did not make any orders, as the application was dismissed.

Camec Pty Ltd T/A Camec

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established