CMTP Packaging Pty Ltd

[2014] FWCA 3822

[2014] FWCA 3822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CMTP Packaging Pty Ltd
(AG2014/6258)

CMTP BRAESIDE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 10 JUNE 2014

Application for approval of the CMTP Braeside Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CMTP Braeside Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by CMTP Packaging Pty Ltd (the employer). The agreement is a single-enterprise agreement.

[2] The application was accompanied by a letter dated 29 May 2014 to the Fair Work Commission from CMTP Packaging Pty Ltd and co-signed by the employee bargaining representative for the Agreement, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), requesting that the pay rates as set out in that letter not be published.

[3] As the Agreement only contains one rate in clause 12, the minimum rate, I requested the employer provide an undertaking which would effectively put all the pay rates into the Agreement so that the Agreement could be properly assessed against the Better Off Overall Test. The employer provided such an undertaking.

[4] In addition the consultation term in the Agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. As such I gave the employer the opportunity of addressing this deficiency through an undertaking. The employer provided an undertaking that the model consultation term applies in lieu of clause 21 of the Agreement. The model consultation term is appended at Appendix A.

[5] The undertakings provided by the employer have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix B.

[6] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[7] The 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. As required by s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54(1), will operate from 17 June 2014. The nominal expiry date of the Agreement is 23 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE408523  PR551853>

APPENDIX A

APPENDIX B