DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Castlemaine Perkins Pty Limited
(AG2018/6937)

CASTLEMAINE PERKINS ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 21 JANUARY 2019

Application for approval of the Castlemaine Perkins Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Castlemaine Perkins Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Castlemaine Perkins Pty Limited. 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] The United Voice and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Castlemaine Perkins Pty Limited recently appeared before the Fair Work Commission to seek approval of the Castlemaine Perkins Enterprise Agreement 2018. The dispute arose as the company sought to formalise new terms of employment for its workers, including changes to wages, conditions, and other employment terms. The Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act and the Fair Work Regulations 2009. Specifically, the Commission needed to verify if the agreement had been fairly and genuinely negotiated, and if it complied with the procedural requirements set forth in the legislation. This included ensuring that the agreement had been properly presented to the employees, and that any required consultation and good faith bargaining had occurred.

The Commission carefully examined the evidence and submissions presented by both parties. It determined that the agreement had indeed been fairly and genuinely negotiated, and that all procedural requirements had been met. The Commission found that Castlemaine Perkins had conducted the necessary consultation processes and engaged in good faith bargaining with the employees' representatives. As such, the Fair Work Commission approved the Castlemaine Perkins Enterprise Agreement 2018, finding it to be compliant with the relevant statutory provisions. The approval allows the new terms of employment to take effect, benefiting both the company and its employees.

Castlemaine Perkins Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established