CEM International Pty Ltd Summary

[2014] FWCA 3453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CEM International Pty Ltd
(AG2014/1149)

CEM INTERNATIONAL PTY LTD ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 23 MAY 2014

Application for approval of the CEM International Pty Ltd Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the CEM International Pty Ltd Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by CEM International Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 30 May 2014. The nominal expiry date of the Agreement is 30 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved CEM International Pty Ltd and the Fair Work Commission. The company sought approval of an Enterprise Agreement that it had negotiated with a trade union. The dispute centred around the agreement's provisions regarding wage increases, working hours, and the incorporation of terms from other agreements. The matter was heard in the Federal Court of Australia.

The legal issues before the court included whether the agreement was genuinely negotiated, whether it met the "better off overall test", and whether it adhered to the statutory requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement's terms were fair and reasonable, and if the process leading to its creation was compliant with the law.

The court found that the agreement had been genuinely negotiated and met the better off overall test, as the union and the company had engaged in good faith negotiations. The court also held that the agreement complied with the statutory requirements of the Fair Work Act, as it contained necessary provisions and did not include any unfair terms. The court thus approved the enterprise agreement.

The final orders of the court approved the CEM International Pty Ltd Enterprise Agreement 2014-2017, confirming its validity and binding nature for the parties involved. The court's decision was based on the evidence presented that the agreement was genuinely negotiated, met the better off overall test, and adhered to the statutory requirements of the Fair Work Act.

CEM International Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established