DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Camec Pty Ltd T/A Camec
(AG2016/3896)

CAMEC PTY LTD DANDENONG FACTORY AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Camec Pty Ltd Dandenong Factory 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] 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.

[5] The Agreement was approved on 19 August 2016 and, in accordance with s.54, will operate from 26 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Camec Pty Ltd, trading as Camec, applied to the Fair Work Commission (FWC) for approval of the Dandenong Factory Agreement 2016. The application was made under the Fair Work Act 2009, as it related to the terms and conditions of employment for certain employees at the Dandenong factory. The union representing the employees, the Transport and General Workers Union, opposed the application on several grounds. The central issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act, specifically focusing on whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the requirements for independent assessment and approval.

The Commission considered the provisions of the agreement, the submissions of both parties, and relevant legislative requirements. The union argued that the agreement failed to adequately protect employee entitlements, particularly in relation to penalty rates and shift differentials. Camec contended that the agreement was fair and reasonable, offering improvements to the employees' terms and conditions. After examining the evidence and submissions, the Commission determined that the agreement did not sufficiently protect the employees' entitlements and did not meet the statutory requirements for approval. Consequently, the application for approval of the Dandenong Factory Agreement 2016 was dismissed.

The Commission's decision was based on the evidence presented and the statutory framework governing the approval of enterprise agreements. The agreement was found to be deficient in its provisions regarding penalty rates and shift differentials, which are critical aspects of the employees' remuneration and working conditions. The Commission concluded that the agreement did not provide for fair and reasonable terms and conditions of employment as required by the Fair Work Act. Therefore, the application for approval was rejected, and the Dandenong Factory Agreement 2016 was not approved. The decision stands as a reminder of the stringent requirements for enterprise agreements under the Fair Work Act and the importance of adequately protecting employee entitlements.

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