DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cerebos (Australia) Limited T/A Mocopan Coffee
(AG2015/2523)

MOCOPAN COFFEE ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 15 JUNE 2015

Application for approval of the Mocopan Coffee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mocopan Coffee Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cerebos (Australia) Limited T/A Mocopan Coffee. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Cerebos (Australia) Limited T/A Mocopan Coffee. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2015. The nominal expiry date of the Agreement is 31 December 2016.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the matter of Cerebos (Australia) Limited trading as Mocopan Coffee, the Fair Work Commission (FWC) was tasked with considering an application for the approval of the Mocopan Coffee Enterprise Agreement 2015. The application was brought by Cerebos, the employer, seeking the FWC’s endorsement of the negotiated agreement between the company and its employees, represented by the relevant union.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether it was in the best interests of the employees and whether it contained all the prescribed minimum terms and conditions. The union had raised objections to certain provisions of the agreement, arguing that they were not in the employees’ best interests.

The FWC carefully reviewed the agreement and the submissions from both parties. It considered the nature of the negotiations, the content of the agreement, and whether the union had genuinely attempted to negotiate in good faith. The Commission concluded that the agreement was made in good faith and contained all the prescribed minimum terms and conditions. It also determined that the agreement was in the best interests of the employees, despite the union's objections. The FWC approved the agreement, emphasising the importance of a cooperative approach to bargaining and the need for an agreement that benefits both parties.

The FWC issued its decision approving the Mocopan Coffee Enterprise Agreement 2015, effective from the date of the approval. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees of Cerebos.

Cerebos (Australia) Limited T/A Mocopan Coffee

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established