Casaweri Pty Ltd

[2013] FWCA 5906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Casaweri Pty Ltd
(AG2011/13806)

THE CASAWERI PTY LTD ENTERPRISE AGREEMENT 2012

Retail industry
COMMISSIONER CRIBB	MELBOURNE, 20 AUGUST 2013

Application for approval of The Casaweri Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the The Casaweri Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Casaweri Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Undertakings have been given with respect to Part A number 6; Part B number 1; Part C numbers 1(c), (d), (f) and (g); Part E numbers 1(a) and 3; Part F numbers 3 and 7 and Appendix A of the Agreement, and are taken to be terms of the Agreement. A copy of the undertakings can be found at the end of the Agreement.

[4] The Agreement was approved in Chambers on 20 August 2013 and, in accordance with s.54 of the Act, will operate from 27 August 2013. The nominal expiry date of the Agreement is 21 November 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Casaweri Pty Ltd applied for approval of the Enterprise Agreement 2012. The dispute arose from negotiations between Casaweri and its employees, leading to the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval and registration. The primary legal issues were whether the agreement contained all the mandatory terms as prescribed by the Fair Work Act 2009 and whether it had been made in accordance with the procedural requirements of the Act.

The Commission examined the agreement's provisions, confirming that it included all mandatory terms such as minimum wages, penalty rates, and maximum weekly hours. It also reviewed the process by which the agreement was made, assessing if proper bargaining procedures were followed and if the agreement genuinely reflected a negotiated outcome. The Commission found that the agreement satisfied all legal criteria, including those relating to procedural fairness and the mandatory terms. Consequently, the Commission approved the agreement and ordered its registration.

The decision underscores the importance of adhering to the Fair Work Act's stipulations for both content and process in enterprise agreements. The approval and registration of the Enterprise Agreement 2012 reflect the Commission's commitment to ensuring that agreements are both legally sound and reflective of genuine negotiations between employers and employees. The final orders included the approval and registration of the Enterprise Agreement 2012, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established