DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Close the Loop Limited T/A Close the Loop
(AG2017/2400)

CLOSE THE LOOP ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 SEPTEMBER 2017

Application for approval of the Close the Loop Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Close the Loop 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 Close the Loop Limited T/A Close the Loop. 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. 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.

[4] The Agreement was approved on 15 September 2017 and, in accordance with s.54, will operate from 22 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Close the Loop Limited trading as Close the Loop, made an application to the Fair Work Commission for the approval of the Close the Loop Enterprise Agreement 2017. The matter was heard in the Commission's Melbourne registry where Commissioner Wilson was the presiding officer. The primary issue before the court was whether the agreement complied with the statutory requirements of the Fair Work Act 2009 and could be approved as a lawful and valid enterprise agreement. This included assessing whether the agreement had been made in good faith, the process by which it was negotiated, and if it contained all the necessary minimum terms and conditions as prescribed by the Act.

The Commission considered whether the application met the procedural and substantive requirements for approval under the Fair Work Act. The applicant argued that the agreement was negotiated in good faith, with full disclosure and opportunity for consultation with the relevant parties. The court examined the negotiation process, the content of the agreement, and whether it provided for the minimum entitlements required by law. It also evaluated if the agreement was made without the influence of any improper conduct or coercion. Ultimately, the Commission determined that the application was compliant with the statutory provisions and that the agreement could be approved.

In reaching its decision, the Commission found that the applicant had demonstrated that the agreement was made in good faith and without coercion, and that it contained all the necessary minimum terms and conditions. The court was satisfied that the negotiation process was fair and that the agreement reflected the outcome of genuine bargaining between the parties. Consequently, the Fair Work Commission approved the Close the Loop Enterprise Agreement 2017. The approval was subject to the terms and conditions set out in the agreement and the ongoing compliance with the Fair Work Act.

Close the Loop Limited T/A Close the Loop

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established