DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Camec Pty Ltd T/A Camec
(AG2016/6853)

CAMEC PTY LTD DANDENONG WAREHOUSE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 19 DECEMBER 2016

Application for approval of the Camec Pty Ltd Dandenong Warehouse Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Camec Pty Ltd Dandenong Warehouse 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 Camec Pty Ltd T/A Camec. The Agreement is a single enterprise agreement.

[2] 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.

[3] The National Union of Workers 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2016. The nominal expiry date of the Agreement is 30 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

Camec Pty Ltd, trading as Camec, applied to the Fair Work Commission for approval of the Camec Pty Ltd Dandenong Warehouse Agreement 2016. The application related to a workplace agreement that would cover employees at Camec's Dandenong warehouse. The primary legal issues before the Fair Work Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Commission first considered whether the agreement was a "registered agreement" under the Fair Work Act, which requires it to be free from prohibited content and to be made in good faith. The Commission examined the negotiation process and the content of the agreement, including provisions on wages, hours of work, and other employment conditions. The Commission found that the agreement had been made in good faith and was free from prohibited content, satisfying the requirements for registration. Furthermore, the Commission assessed whether the agreement was in the best interests of the employees, considering factors such as the fairness of the terms and the protection of employee rights.

Based on its findings, the Fair Work Commission approved the Camec Pty Ltd Dandenong Warehouse Agreement 2016, determining that it met the statutory requirements and was in the best interests of the employees. The Commission's decision was based on the evidence presented, which demonstrated that the agreement had been negotiated in good faith and contained terms that were fair and reasonable. The approval of the agreement means that it will now govern the employment conditions for workers at Camec's Dandenong warehouse.

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