DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cerebos (Australia) Limited
(AG2015/2121)

ESPRESSO MECHANICS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 MARCH 2015

Application for approval of the Espresso Mechanics Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Espresso Mechanics Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Cerebos (Australia) Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 March 2015. The nominal expiry date of the Agreement is 31 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Cerebos (Australia) Limited, the Fair Work Commission (FWC) was asked to approve the Espresso Mechanics Enterprise Agreement 2015. The applicant, Cerebos, sought the approval of the agreement as a modern award, which would replace the relevant award provisions for employees covered by the agreement. The dispute involved the interpretation and application of the Fair Work Act 2009 and related regulations.

The central legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for a fair and efficient system for resolving disputes, provided for the appropriate balance between flexibility and certainty, and did not undermine the ability of employees to bargain collectively. The Commission also needed to determine whether the agreement was consistent with the principles of the Fair Work Act, such as the protection of employees' rights and the promotion of economic and social objectives.

The Commission considered the submissions from both parties and conducted a thorough analysis of the agreement's provisions. It found that the agreement provided for a fair and efficient system for resolving disputes, with provisions for conciliation and mediation, and a clear process for escalating disputes to arbitration if necessary. The agreement also provided for an appropriate balance between flexibility and certainty, with provisions for shift rotations, leave entitlements, and other working conditions. The Commission further found that the agreement was consistent with the principles of the Fair Work Act, including the protection of employees' rights and the promotion of economic and social objectives.

Based on its findings, the Commission approved the Espresso Mechanics Enterprise Agreement 2015 as a modern award, effective from the date of the decision. The approval of the agreement means that the relevant award provisions for employees covered by the agreement will be replaced by the agreement's provisions, subject to certain transitional arrangements. The decision provides clarity and certainty for both employers and employees in relation to the terms and conditions of employment covered by the agreement.

Cerebos (Australia) Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established