DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Conplant Pty Ltd
(AG2019/2097)

CONPLANT PTY LTD ENTERPRISE AGREEMENT 2019 TO 2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 8 AUGUST 2019

Application for approval of the Conplant Pty Ltd Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Conplant Pty Ltd Enterprise Agreement 2019 – 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Conplant Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2019. The nominal expiry date of the Agreement is 15 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

Conplant Pty Ltd was the subject of an application before the Fair Work Commission (FWC) for approval of the Conplant Pty Ltd Enterprise Agreement 2019 - 2022. The application was brought by Conplant Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the union representing the employees. The dispute centred around the provisions of the proposed enterprise agreement, particularly those relating to pay rates, conditions, and dispute resolution mechanisms. The FWC was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issues before the FWC were whether the proposed agreement complied with the statutory requirements for enterprise agreements, and whether it provided fair and reasonable terms for the employees. The FWC had to assess whether the agreement covered the mandated minimum terms and conditions, ensured no less favourable treatment than the applicable awards or registered agreements, and did not unfairly discriminate against any employee or group of employees. Additionally, the FWC considered whether the agreement provided an effective mechanism for the resolution of disputes between the parties.

In its decision, the FWC found that the proposed agreement generally met the statutory requirements under the Fair Work Act 2009. The agreement was deemed to cover the mandated minimum terms and conditions, provided no less favourable treatment than the applicable awards or registered agreements, and did not unfairly discriminate against any employee or group of employees. The FWC also found that the dispute resolution mechanism was effective and in line with best practices. Based on these findings, the FWC approved the Conplant Pty Ltd Enterprise Agreement 2019 - 2022, considering it to be in the best interests of the employees.

As a final order, the FWC approved the Conplant Pty Ltd Enterprise Agreement 2019 - 2022, effective from the date of the decision. The agreement was to apply to all employees of Conplant Pty Ltd who were not excluded by specific provisions. The approval was contingent upon the agreement being registered with the Fair Work Commission within the prescribed timeframe.

Conplant 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