DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carroll Resources Pty Ltd
(AG2020/14)

CARROLL RESOURCES MANUFACTURING ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 FEBRUARY 2020

Application for approval of the Carroll Resources Manufacturing Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Carroll Resources Manufacturing Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Carroll Resources Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2020. The nominal expiry date of the Agreement is 8 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Carroll Resources Pty Ltd, the Fair Work Commission was tasked with considering the approval of the Carroll Resources Manufacturing Enterprise Agreement 2019. The applicant, Carroll Resources Pty Ltd, sought to have the agreement approved under section 175 of the Fair Work Act 2009. The primary dispute centred around the terms and conditions set forth in the proposed agreement, which aimed to govern the employment of the company's employees. The nature of the dispute involved the balance of interests between the employer and its employees, with specific contentions regarding the remuneration, working conditions, and procedural fairness outlined in the agreement.

The legal issues before the court included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it met the requirements for "better-off overall-test" and procedural fairness, and if the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. The court had to evaluate whether the proposed agreement met the statutory criteria and whether it was in the interests of the employees.

In its decision, the Fair Work Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment. The court concluded that the agreement met the "better-off overall-test" and was procedurally fair, as it allowed for meaningful consultation between the employer and employees. The Commission determined that the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Consequently, the court approved the Carroll Resources Manufacturing Enterprise Agreement 2019, recognising its alignment with the statutory requirements and its benefits for the employees.

Carroll Resources 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