DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cannon Hill Services Pty Ltd t/a Australian Country Choice
(AG2015/5879)

AUSTRALIAN COUNTRY CHOICE MAINTENANCE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the Australian Country Choice Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Country Choice Maintenance Enterprise Agreement 2015 (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. 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.

[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 was approved on 10 November 2015 and, in accordance with s.54, will operate from 17 November 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Cannon Hill Services Pty Ltd trading as Australian Country Choice and the Australian Council of Trade Unions. The dispute centred on the approval of the Australian Country Choice Maintenance Enterprise Agreement 2015. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for appropriate mechanisms for the resolution of disputes, whether it ensured fair and reasonable terms for employees, and if it complied with the requirements for good faith bargaining. Additionally, the Commission needed to assess whether the agreement was in the best interests of the employees and whether it was free from any coercive practices.

The Commission found that the agreement was compliant with the statutory requirements and represented a fair and reasonable set of terms for the employees. It concluded that the agreement provided sufficient mechanisms for dispute resolution and was the product of good faith bargaining. The Commission also determined that the agreement was in the best interests of the employees and was free from any coercive practices. Consequently, the Commission approved the agreement under section 232 of the Fair Work Act 2009.

The Commission's final order was to approve the Australian Country Choice Maintenance Enterprise Agreement 2015, subject to certain conditions designed to protect the interests of the employees and ensure ongoing compliance with the Fair Work Act 2009.

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