DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleary Bros (Bombo) Pty Ltd
(AG2017/2163)

CLEARY BROS (BOMBO) PTY LTD WORKSHOP EMPLOYEES ENTERPRISE AGREEMENT 2017

Quarrying industry
COMMISSIONER GREGORY	MELBOURNE, 18 AUGUST 2017

Application for approval of the Cleary Bros (Bombo) Pty Ltd Workshop Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Workshop Employees Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cleary Bros (Bombo) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleary Bros (Bombo) Pty Ltd was the subject of an application before the Fair Work Commission, seeking approval of the Cleary Bros (Bombo) Pty Ltd Workshop Employees Enterprise Agreement 2017. The parties involved were the employer, Cleary Bros (Bombo) Pty Ltd, and the union, the Transport Workers Union of Australia. The dispute centred on the terms and conditions of employment for the employees covered by the proposed enterprise agreement.

The central legal issues the Commission needed to address were whether the agreement was made in good faith, if it contained the necessary minimum terms and conditions as required by the Fair Work Act 2009, and if the agreement complied with the procedural requirements for enterprise agreements. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it adhered to the principles of procedural fairness.

In delivering its decision, the Commission found that the agreement was made in good faith and contained the necessary minimum terms and conditions as stipulated by the Act. The Commission also determined that the procedural requirements for enterprise agreements were met. The Commission concluded that the agreement was in the best interests of the employees and adhered to the principles of procedural fairness. Consequently, the Commission approved the Cleary Bros (Bombo) Pty Ltd Workshop Employees Enterprise Agreement 2017.

Cleary Bros (Bombo) 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