DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Century Yuasa Batteries Pty Ltd
(AG2014/10889)

CENTURY YUASA BATTERIES PTY LTD - MANUFACTURING DIVISION, CAROLE PARK, CERTIFIED AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 JANUARY 2015

Application for approval of the Century Yuasa Batteries Pty Ltd - Manufacturing Division, Carole Park, Certified Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Century Yuasa Batteries Pty Ltd - Manufacturing Division, Carole Park, Certified Agreement 2014 (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 Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 15 January 2015. The nominal expiry date of the Agreement is 29 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Century Yuasa Batteries Pty Ltd applied for the approval of the Century Yuasa Batteries Pty Ltd - Manufacturing Division, Carole Park, Certified Agreement 2014. The matter was heard in the Fair Work Commission by Deputy President D’Abbs. The applicant argued that the proposed agreement was appropriate for the approval of the Commission due to the inclusion of protections for workers and the overall alignment with the national system for the determination of wages and conditions of employment. The applicant also submitted that the proposed agreement contained no provisions that were inconsistent with the Fair Work Act 2009.

The central issue before the Commission was whether the proposed agreement was appropriate for approval under the Fair Work Act 2009. The Commission examined the proposed agreement to determine whether it contained any provisions that were inconsistent with the Act or its objects, or that failed to provide adequate protections for employees. The Commission also considered the fairness of the proposed agreement and whether it was appropriate for the approval of the Commission.

In delivering the decision, the Deputy President found that the proposed agreement contained no provisions that were inconsistent with the Fair Work Act 2009 or its objects. The Deputy President also found that the proposed agreement provided adequate protections for employees and was fair and appropriate for the approval of the Commission. The Deputy President approved the proposed agreement, subject to certain modifications to ensure that it complied with the Act and its objects.

The Fair Work Commission approved the Century Yuasa Batteries Pty Ltd - Manufacturing Division, Carole Park, Certified Agreement 2014, subject to certain modifications. The modifications included changes to the provisions relating to the classification of employees and the calculation of overtime rates, to ensure that they were consistent with the Fair Work Act 2009 and its objects. The Deputy President also made orders to ensure that the applicant provided written notice of the approved agreement to all employees covered by the agreement within a specified period.

Century Yuasa Batteries 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