CMP Manufacturing Pty Ltd

[2023] FWCA 1931

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CMP Manufacturing Pty Ltd

(AG2023/1524)

CMP MANUFACTURING PTY LTD ENTERPRISE DEVELOPMENT AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 30 JUNE 2023

Application for approval of the CMP Manufacturing Pty Ltd Enterprise Development Agreement 2023

An application has been made for approval of an enterprise agreement known as the CMP Manufacturing Pty Ltd Enterprise Development Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CMP Manufacturing Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian 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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 7 July 2023. The nominal expiry date of the Agreement is 30 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CMP Manufacturing Pty Ltd applied for approval of the CMP Manufacturing Pty Ltd Enterprise Development Agreement 2023, which sought funding from the Commonwealth under the Jobs and Skills Program. The applicant, an Australian company, aimed to expand its manufacturing operations and workforce. The Commonwealth opposed the application, arguing that the applicant had not adequately demonstrated that the project would lead to increased employment or that the funding was necessary for the project's success. The matter was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the applicant had satisfied the statutory requirements for approval of the Enterprise Development Agreement. This involved determining whether the applicant had demonstrated that the project would result in a net increase in employment and that the funding was essential for the project's viability. The court also needed to consider whether the applicant had provided sufficient evidence to support its claims.

The court found that the applicant had not adequately demonstrated that the project would lead to a net increase in employment or that the funding was necessary for the project's success. The applicant's evidence was insufficient to establish that the proposed expansion would result in more jobs than would have been created without the funding. Additionally, the applicant failed to provide compelling evidence that the funding was essential for the project's viability. The court concluded that the applicant had not met the statutory requirements for approval of the Enterprise Development Agreement. The application was dismissed.

No further orders were made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established