DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cannon Hill Services Pty Ltd T/A Australian Country Choice
(AG2018/798)

AUSTRALIAN COUNTRY CHOICE CANNON HILL MAINTENANCE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 29 JUNE 2018

Application for approval of the Australian Country Choice Cannon Hill Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Country Choice Cannon Hill Maintenance 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 Cannon Hill Services Pty Ltd T/A Australian Country Choice. 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, 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 6 July 2018. The nominal expiry date of the Agreement is 28 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Cannon Hill Services Pty Ltd, trading as Australian Country Choice, applied for the approval of the Australian Country Choice Cannon Hill Maintenance Enterprise Agreement 2017. The application was brought under section 232 of the Fair Work Act 2009. The respondent, United Voice, an industrial organisation, opposed the approval of the agreement. The primary issue before the Commission was whether the agreement met the criteria for registration under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement facilitated the improvement of workplace relations, ensured procedural fairness, and covered the appropriate bargaining unit. The Commission also examined if the agreement contained appropriate dispute resolution procedures and provisions concerning pay and conditions. In considering these issues, the Commission found that the agreement demonstrated a good faith attempt to improve workplace relations and provided for procedural fairness. The Commission concluded that the agreement covered the appropriate bargaining unit and contained appropriate dispute resolution procedures. Furthermore, the Commission found that the agreement's provisions concerning pay and conditions were fair and reasonable. Based on these findings, the Commission approved the Australian Country Choice Cannon Hill Maintenance Enterprise Agreement 2017. The Commission made an order approving the agreement under section 232 of the Fair Work Act 2009. The agreement is to be registered by the Commission and will have effect as a registered agreement from the date of registration.

Cannon Hill Services Pty Ltd T/A Australian Country Choice

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established