DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commando Storage Systems Pty Ltd
(AG2016/6782)

COMMANDO STORAGE SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 7 DECEMBER 2016

Application for approval of the Commando Storage Systems Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Commando Storage Systems Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Commando Storage Systems 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2016. The nominal expiry date of the Agreement is 6 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission received an application for the approval of the Commando Storage Systems Pty Ltd Enterprise Agreement 2016, which sought to be registered under the Fair Work Act 2009. The applicant was Commando Storage Systems Pty Ltd, and the respondents included various unions representing employees within the organisation. The dispute centred around whether the proposed agreement met the legal requirements for registration under the Fair Work Act, including whether it contained appropriate terms and conditions of employment and whether it adhered to the principles of good faith bargaining.

The Commission had to determine whether the agreement satisfied the criteria for approval, including whether it provided for a proper balance between the rights and obligations of employers and employees, and whether it met the procedural requirements of the Act. This involved examining the agreement's provisions concerning wages, conditions, dispute resolution, and other employment terms. The Commission also needed to ensure that the agreement was the product of genuine and meaningful negotiations between the parties and that it did not contain any clauses that would undermine the rights of employees or contravene any statutory protections.

Upon reviewing the evidence and submissions presented, the Commission found that the agreement met the necessary criteria for approval. The agreement contained appropriate terms and conditions of employment and was the result of genuine and meaningful negotiations between the parties. The Commission concluded that the agreement was in the best interests of the employees and would provide for a fair and equitable resolution of employment-related disputes. Therefore, the Commission approved the Commando Storage Systems Pty Ltd Enterprise Agreement 2016 for registration under the Fair Work Act 2009.

The Fair Work Commission approved the Commando Storage Systems Pty Ltd Enterprise Agreement 2016 for registration, effective from the date of the decision. The agreement was deemed to be in the best interests of the employees and would provide for a fair and equitable resolution of employment-related disputes. The approval ensured that the agreement would be legally binding and enforceable, providing certainty and stability for both the employer and employees within the organisation.

Commando Storage Systems 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