| [2022] FWCA 908 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cavpower Pty Ltd
(AG2022/504)
Cavpower Pty Ltd (Whyalla) Mechanical Trades Enterprise Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 16 MARCH 2022 |
Application for approval of the Cavpower Pty Ltd (Whyalla) Mechanical Trades Enterprise Agreement 2021
Cavpower Pty Ltd has made an application for the approval of an enterprise agreement known as the Cavpower Pty Ltd (Whyalla) Mechanical Trades Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertaking proffered by the Applicant. No objection was raised.
Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declarations, 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 Australian Manufacturing Workers Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 16 March 2022 and, in accordance with s 54, will operate from 23 March 2022. The nominal expiry date of the Agreement is 31 March 2024.
DEPUTY PRESIDENT
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Annexure A
- AGLC
- Cavpower Pty Ltd [2022] FWCA 908
- Case
- [2022] FWCA 908
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court needed to resolve was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act. This involved examining whether the agreement had been made in accordance with the relevant provisions of the Act, including whether it was made without the influence of prohibited conduct and whether it provided for the genuine bargaining of terms and conditions of employment. Additionally, the court had to consider whether the agreement addressed the interests of the employees fairly and whether it complied with the requirements for registration.
The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the proposed agreement met the criteria for approval. The court found that the agreement was made without any prohibited conduct and that it provided for the genuine bargaining of terms and conditions of employment. Furthermore, the Commission determined that the agreement addressed the interests of the employees fairly and complied with the registration requirements. Consequently, the application for approval of the Cavpower Pty Ltd (Whyalla) Mechanical Trades Enterprise Agreement 2021 was granted.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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