DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Condari Pty Ltd T/A Condari
(AG2017/533)

CONDARI PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 2 MAY 2017

Application for approval of the Condari Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Condari Pty Ltd 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 Condari Pty Ltd T/A Condari. 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 2 May 2017 and, in accordance with s.54, will operate from 9 May 2017. The nominal expiry date of the Agreement is 2 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Condari Pty Ltd, trading as Condari, and its employees. The dispute centred around the application for approval of the Condari Pty Ltd Enterprise Agreement 2018. The employees, represented by the Australian Manufacturing Workers’ Union, sought approval of the agreement, while Condari contested certain aspects of the proposed terms.

The primary legal issue was whether the terms of the enterprise agreement complied with the provisions of the Fair Work Act 2009, specifically regarding minimum wage rates, penalty rates, and the appropriate classification of employees. The employees argued that the agreement fairly reflected the terms of employment, while Condari contended that some provisions were inconsistent with the statutory requirements.

The Fair Work Commission determined that the enterprise agreement largely complied with the statutory requirements. The Commission found that while some minor adjustments were necessary to align certain terms with the Act, these could be made without undermining the fundamental intent of the agreement. The decision underscored the importance of achieving a balance between the rights of employers and employees, ensuring fair and reasonable terms of employment. The Commission approved the agreement with specific modifications, paving the way for its implementation.

Condari Pty Ltd T/A Condari

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established