DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cheras Industries Pty Ltd
(AG2017/665)

CHERAS INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 24 MARCH 2017

Application for approval of the Cheras Industries Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cheras Industries Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cheras Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union 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 was approved on 24 March 2017 and, in accordance with s.54, will operate from 31 March 2017. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cheras Industries Pty Ltd recently appeared before the Fair Work Commission, which was asked to approve an enterprise agreement proposed by the company. The dispute centred around the terms and conditions of employment for the workers represented by the proposed agreement. The company sought to implement changes to the existing conditions, which were met with resistance from the union representing the employees. The court was tasked with evaluating the fairness and validity of the proposed agreement under the Fair Work Act 2009.

The legal issues before the court included whether the agreement complied with the statutory requirements for bargaining and approval. This involved examining if genuine bargaining had occurred, the extent to which the agreement met the "better off overall test", and if the agreement contained all mandatory terms as stipulated by the Act. The court also needed to consider if the agreement was in the best interests of the employees and whether any provisions unfairly disadvantaged certain employees.

The court found that the proposed agreement was the result of genuine bargaining and met the requirements of the Act. It was deemed to be in the best interests of the employees, satisfying the better off overall test. The court confirmed that all mandatory terms were included and that the agreement did not unfairly disadvantage any employees. The court approved the enterprise agreement, ensuring that it would be binding on the parties involved. This decision was based on the evidence presented, which demonstrated that the agreement was fair and reasonable under the prevailing legal standards.

Cheras Industries 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