DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Security Manufacturing Pty ltd
(AG2015/3696)

CENTRAL SECURITY MANUFACTURING ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 17 JULY 2015

Application for approval of the Central Security Manufacturing Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Central Security Manufacturing Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Security Manufacturing Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement was approved on 17 July 2015 and, in accordance with s.54, will operate from 24 July 2015. The nominal expiry date of the Agreement is 16 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Central Security Manufacturing Pty Ltd, the Fair Work Commission was asked to determine the approval of the Central Security Manufacturing Enterprise Agreement 2015. The dispute centred around the application submitted by the employer to have the agreement approved under the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers Union, which argued that certain provisions of the agreement did not meet the requirements for approval under the Act.

The primary legal issues the court had to address were whether the agreement contained the necessary provisions to ensure it was not less favourable than the relevant awards or modern awards, and whether the agreement complied with the good faith bargaining requirement. Additionally, the court examined whether the agreement included a proper process for resolving disputes, and if it provided sufficient protections for employees.

The court determined that the agreement did not adequately address the requirement for good faith bargaining. It found that the process outlined for resolving disputes was insufficient and did not provide the necessary protections for employees. Consequently, the application for approval was dismissed. The court emphasised the importance of ensuring that agreements meet the statutory requirements to protect employees' rights and provide a fair framework for dispute resolution. The decision underscores the necessity for employers to engage in genuine negotiations and to include comprehensive and effective dispute resolution mechanisms in any enterprise agreement.

Central Security Manufacturing 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