DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Century Yuasa Batteries Pty Ltd
(AG2018/259)

CENTURY YUASA BATTERIES PTY LTD – MANUFACTURING, WAREHOUSING & MAINTENANCE, CAROLE PARK ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 MAY 2018

Application for approval of the Century Yuasa Batteries Pty Ltd - Manufacturing, Warehousing & Maintenance, Carole Park Enterprise Agreement 2017.

[1] 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 2017 (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] 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2018. The nominal expiry date of the Agreement is 29 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Century Yuasa Batteries Pty Ltd applied to the Fair Work Commission for the approval of the Manufacturing, Warehousing & Maintenance, Carole Park Enterprise Agreement 2017. The application was opposed by the Electrical Trades Union of Australia, who raised concerns about certain clauses in the agreement, particularly those concerning the payment of allowances and the definition of work hours. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions, and if it adhered to the requirements for good faith bargaining and procedural fairness.

The Commission examined the provisions of the agreement in light of the legislative framework. It considered whether the agreement adequately protected the employees' rights and interests, and if it provided a fair balance between the parties. The Commission also evaluated whether the union had genuinely participated in the bargaining process and if the agreement reflected the outcome of that process. After reviewing the submissions from both parties and the evidence presented, the Commission found that the agreement met the necessary criteria for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, and that it was the product of genuine bargaining.

The Fair Work Commission approved the Manufacturing, Warehousing & Maintenance, Carole Park Enterprise Agreement 2017. The Commission noted that the agreement contained provisions that were satisfactory in terms of the legislative requirements. It determined that the agreement provided for fair and reasonable terms and conditions, and that it was the outcome of genuine bargaining between the parties. The Electrical Trades Union of Australia's objections were not sufficient to warrant disapproval of the agreement. The Commission's decision was based on the evidence presented and the application of the relevant legal principles. The agreement was approved, effective from the date of the Commission's decision.

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