DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cigweld Pty Ltd
(AG2020/3086)

CIGWELD PRESTON AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 NOVEMBER 2020

Application for approval of the Cigweld Preston and United Workers Union Enterprise Agreement 2020.

[1] Cigweld Pty Ltd has made an application for approval of an enterprise agreement known as the Cigweld Preston and United Workers Union Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The United 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 November 2020 and, in accordance with s 54, will operate from 9 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cigweld Pty Ltd was the applicant before the Fair Work Commission in an application for approval of an enterprise agreement. The respondent was the Cigweld Preston and United Workers Union. The agreement sought approval under the Fair Work Act 2009. The nature of the dispute was whether the enterprise agreement complied with the statutory requirements and did not contain any provisions that were contrary to public policy or against the spirit of the Act.

The legal issues before the Commission were whether the enterprise agreement provided for the proper operation of the business and whether it contained any provisions that were contrary to public policy. The applicant argued that the agreement was necessary to ensure the proper operation of the business, while the respondent contended that certain provisions were contrary to public policy.

The Commission found that the enterprise agreement provided for the proper operation of the business and did not contain any provisions that were contrary to public policy. The agreement provided for a range of terms and conditions, including wages, hours of work, leave entitlements, and dispute resolution procedures. The Commission considered that the agreement was necessary to ensure the proper operation of the business and did not contain any provisions that were contrary to public policy. The Commission approved the enterprise agreement.

The Commission made orders approving the Cigweld Preston and United Workers Union Enterprise Agreement 2020. The orders were made on the basis that the agreement complied with the statutory requirements and did not contain any provisions that were contrary to public policy. The agreement came into effect on the date of the Commission's decision.

Cigweld 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