| [2022] FWCA 861 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Century Yuasa Batteries Pty Limited T/A Century Yuasa Batteries Pty Limited
(AG2022/520)
Century Yuasa Batteries Pty Ltd – Manufacturing, Warehousing & Maintenance, Carole Park Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER SIMPSON | BRISBANE, 11 MARCH 2022 |
Application for approval of the Century Yuasa Batteries Pty Ltd – Manufacturing, Warehousing & Maintenance, Carole Park Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Century Yuasa Batteries Pty Ltd – Manufacturing, Warehousing & Maintenance, Carole Park Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Century Yuasa Batteries Pty Limited T/A Century Yuasa Batteries Pty Limited (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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- AGLC
- Century Yuasa Batteries Pty Limited T/A Century Yuasa Batteries Pty Limited [2022] FWCA 861
- Case
- [2022] FWCA 861
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it met the "better off overall test," and whether the agreement was made in good faith and without coercion. The Commission considered submissions from Century Yuasa Batteries Pty Limited and any relevant responses from the employees' representatives. It also examined the agreement's provisions and the context in which it was made.
The Commission found that the agreement contained fair and reasonable terms and conditions for the employees covered by it. It was satisfied that the agreement met the "better off overall test," as it provided for fair compensation and benefits for the employees. The Commission also determined that the agreement was made in good faith and without coercion. Based on these findings, the Commission approved the agreement under section 234 of the Fair Work Act 2009.
The Fair Work Commission approved the Century Yuasa Batteries Pty Ltd – Manufacturing, Warehousing & Maintenance, Carole Park Enterprise Agreement 2022. The approval is effective from the date of the decision and binds all parties to the agreement. The company and the employees' representatives are now required to comply with the terms and conditions of the approved agreement.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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