DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Campari Australia T/A Campari Australia
(AG2017/4558)

CAMPARI AUSTRALIA PTY LTD PRODUCT SUPPLY CHAIN ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 NOVEMBER 2017

Application for approval of the Campari Australia Pty Ltd - Product Supply Chain Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Campari Australia Pty Ltd - Product Supply Chain Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Campari Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement was approved on 10 November 2017 and, in accordance with s.54, will operate from 17 November 2017. The nominal expiry date of the Agreement is 17 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Campari Australia for approval of the Campari Australia Pty Ltd - Product Supply Chain Enterprise Agreement 2017. The application was before the Fair Work Commission, which was tasked with determining whether the agreement should be certified as a registered Australian workplace bargaining agreement. The dispute arose from negotiations between Campari Australia, the employer, and the relevant union, which aimed to establish terms and conditions for employees within the product supply chain.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it provided for a safety net of minimum wages and conditions. The Commission also considered whether the agreement met the statutory requirements for approval, including whether it had been made in good faith and whether it contained adequate dispute resolution provisions. Furthermore, the Commission needed to determine if the agreement was consistent with the Fair Work Act and the broader principles of industrial law.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and that it provided for a safety net of minimum wages and conditions. The Commission was satisfied that the agreement had been made in good faith and contained adequate dispute resolution provisions. The Commission concluded that the agreement was consistent with the Fair Work Act and the broader principles of industrial law. As a result, the Commission approved the agreement as a registered Australian workplace bargaining agreement, subject to certain modifications to ensure compliance with the statutory requirements.

The Commission made several orders to ensure the agreement met the necessary standards for approval. These included modifications to the agreement's provisions on termination of employment, the calculation of overtime, and the handling of casual employees. The Commission also ordered that the agreement be registered as a registered Australian workplace bargaining agreement, effective from the date of the Commission's decision. Overall, the Commission found that the agreement was a fair and reasonable one, and it approved it subject to the modifications and conditions outlined in the decision.

Campari Australia T/A Campari Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established