DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chromaflo Technologies Australia Pty Ltd
(AG2019/1006)

CHROMAFLO AUSTRALIA ENTERPRISE AGREEMENT 2019-2023

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2019

Application for approval of the Chromaflo Australia Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Chromaflo Australia Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chromaflo Technologies Australia 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I note that Clause 20.7 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The United Voice 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chromaflo Technologies Australia Pty Ltd recently appeared before the Fair Work Commission to seek approval for the Chromaflo Australia Enterprise Agreement 2019-2023. The parties involved were Chromaflo Technologies Australia Pty Ltd, the employer, and various employees represented by the National Tertiary Education Union. The dispute centred around whether the proposed agreement met the necessary standards for fair work and could be approved under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith and if it provided for fair terms and conditions of employment. Additionally, the Commission assessed whether the agreement provided for appropriate mechanisms for dispute resolution and adequately addressed the needs of both the employer and the employees.

In delivering its decision, the Commission examined the evidence provided by both parties. It considered the negotiation process, the terms and conditions proposed in the agreement, and the overall fairness of the agreement. The Commission found that the agreement was made in good faith and contained fair terms and conditions of employment. The proposed mechanisms for dispute resolution were also deemed adequate. Consequently, the Commission approved the Chromaflo Australia Enterprise Agreement 2019-2023, deeming it to be a valid and enforceable agreement under the Fair Work Act.

The final orders of the Commission included the approval of the Chromaflo Australia Enterprise Agreement 2019-2023, effective from the date of the decision. The agreement was to be registered by the parties and would govern the employment conditions of the employees for the specified period.

Chromaflo Technologies Australia 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