DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Campari Australia Pty Ltd
(AG2020/3954)

CAMPARI AUSTRALIA PTY LTD - PRODUCT SUPPLY CHAIN ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JANUARY 2021

Application for approval of the Campari Australia Pty Ltd - Product Supply Chain Enterprise Agreement 2020.

[1] Campari Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Campari Australia Pty Ltd - Product Supply Chain Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[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 United 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 January 2021 and, in accordance with s 54, will operate from 14 January 2021. The nominal expiry date of the Agreement is 14 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Campari Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application concerned the Product Supply Chain Enterprise Agreement 2020. The Fair Work Commission was required to determine if the agreement met the requirements of the Fair Work Act 2009 and whether it provided for the fair and efficient resolution of workplace issues.

The court needed to examine whether the agreement was a genuine enterprise agreement, if it contained the necessary minimum terms and conditions, and whether it complied with procedural requirements. The Commission considered the evidence presented by both parties and assessed the agreement against the statutory provisions.

The Fair Work Commission found that the agreement was a genuine enterprise agreement, as it had been negotiated in good faith and was not made under duress. It also found that the agreement contained all the required minimum terms and conditions and that the procedural requirements had been met. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Product Supply Chain Enterprise Agreement 2020, and the agreement came into effect on the date of the Commission's decision. This decision provided certainty to the parties involved and established a framework for the fair and efficient resolution of workplace issues under the agreement.

Campari Australia 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