Close the Loop Operations Pty Ltd

[2021] FWCA 6105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Close the Loop Operations Pty Ltd

(AG2021/7554)

Close the Loop Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 OCTOBER 2021

Application for approval of the Close the Loop Enterprise Agreement 2021

Close the Loop Operations Pty Ltd has made an application for approval of an enterprise agreement known as the Close the Loop Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

The Agreement was approved on 4 October 2021 and, in accordance with s 54, will operate from 11 October 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in the Fair Work Commission involved Close the Loop Operations Pty Ltd, the employer, and its employees represented by the Australian Manufacturing Workers’ Union. The applicants sought approval of the Close the Loop Enterprise Agreement 2021. The union opposed the approval of the agreement, arguing that it did not meet the requirements for an enterprise agreement under the Fair Work Act 2009. The central issue before the Commission was whether the proposed agreement was an enterprise agreement as defined in section 172 of the Act, and if it contained all the necessary provisions as required by section 230 of the Act.

The Commission considered whether the agreement covered all employees of Close the Loop Operations Pty Ltd and if it contained all the prescribed terms and conditions of employment. The union contended that the agreement did not cover all employees, particularly those who were casual employees. The employer argued that the agreement was valid and comprehensive, covering all relevant employees. The Commission found that the agreement did indeed cover all relevant employees, including casual employees, and contained all the necessary prescribed terms and conditions. The union’s objections were based on a misunderstanding of the provisions of the Act.

The Commission approved the Close the Loop Enterprise Agreement 2021, finding that it was an enterprise agreement under section 172 of the Act and contained all the necessary prescribed terms and conditions. The union's objections were dismissed. The Commission emphasised the importance of ensuring that all relevant employees were covered by the agreement and that all prescribed terms and conditions were included. The decision confirmed the validity of the agreement, which would now regulate the terms and conditions of employment for the employees of Close the Loop Operations Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established