DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Confoil Pty Ltd t/a Confoil Containers
(AG2016/3583)

CONFOIL PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 6 JULY 2016

Application for approval of the Confoil Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Confoil 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 Confoil Pty Ltd t/a Confoil Containers. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 6 July 2016 and, in accordance with s.54, will operate from 13 July 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Confoil Pty Ltd trading as Confoil Containers, the Fair Work Commission was tasked with approving an enterprise agreement. The application for approval was brought forth by the employer, Confoil Pty Ltd. The nature of the dispute centred around the terms and conditions outlined in the Confoil Pty Ltd Enterprise Agreement 2016, which sought to govern the employment relationship between the employer and its employees. The legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, including compliance with the process provisions and the substantive provisions.

The Commission examined whether the agreement had been appropriately certified as a single interest, Green Tier agreement, and whether it had been fairly negotiated. A critical component of the assessment was the consideration of whether the agreement provided for terms and conditions that were no worse off (NWoT) than the applicable award or safety net minimum terms and conditions. The employer had submitted that the agreement was fairly negotiated and met all legal requirements for approval. The employees, represented by a union, argued that certain provisions of the agreement did not comply with the Fair Work Act.

The Commission considered the evidence presented and determined that the agreement had been appropriately certified and was the product of genuine negotiations. The Commission found that the agreement provided for terms and conditions that were no worse off than the safety net minimum terms and conditions. After weighing all the evidence, the Commission concluded that the agreement complied with the statutory requirements for approval. Consequently, the Fair Work Commission approved the Confoil Pty Ltd Enterprise Agreement 2016.

Confoil Pty Ltd t/a Confoil Containers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established