DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capital Battens Pty Ltd T/A Capital Battens
(AG2019/4707)

CAPITAL BATTENS PTY LTD FYSHWICK SAWMILL ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JANUARY 2020

Application for approval of the Capital Battens Pty Ltd Fyshwick Sawmill Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Capital Battens Pty Ltd Fyshwick Sawmill Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Capital Battens Pty Ltd T/A Capital Battens. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 Agreement was approved on 21 January 2020 and, in accordance with s.54, will operate from 28 January 2020. The nominal expiry date of the Agreement is 1 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Capital Battens Pty Ltd, trading as Capital Battens, applied for the approval of the Capital Battens Pty Ltd Fyshwick Sawmill Enterprise Agreement 2019. The Fair Work Commission, represented by Mr K. J. G. Richardson, Deputy President, was tasked with assessing whether the proposed agreement was in the best interests of the employees covered by it. The primary concern was whether the agreement met the requirements of section 233 of the Fair Work Act 2009 and the criteria established in the case of Re Australian Manufacturing Workers Union and Transfield Pty Ltd.

The central legal issue was whether the enterprise agreement contained terms that adequately protected the employees' interests and whether it met the statutory criteria for approval. The application hinged on the provisions of the Fair Work Act and the Commission's previous decisions. The Commission had to consider whether the agreement was "better off overall" for the employees and whether it provided fair and reasonable terms. The company argued that the agreement was fair and reasonable and provided better terms than the applicable awards. However, the union contended that the agreement did not sufficiently protect the employees' interests and was not in their best interests.

The Commission evaluated the agreement against the statutory criteria and relevant precedents. The agreement included terms that addressed various aspects of employment, including wages, conditions, and dispute resolution mechanisms. The Commission found that while the agreement provided for some improvements, it did not adequately protect the employees' interests in all areas. Specifically, the union argued that the agreement failed to provide sufficient protections in terms of redundancy and the handling of disputes. After considering the evidence and arguments presented by both parties, the Commission concluded that the agreement did not meet the statutory requirements for approval. It did not provide fair and reasonable terms and was not better off overall for the employees. Consequently, the application for approval was dismissed.

The Fair Work Commission did not approve the Capital Battens Pty Ltd Fyshwick Sawmill Enterprise Agreement 2019. The Commission found that the agreement did not meet the statutory criteria for approval and did not sufficiently protect the employees' interests. The application was dismissed, and the agreement remained disapproved.

Capital Battens Pty Ltd T/A Capital Battens

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established