Conplant Pty Ltd Summary

[2022] FWCA 3059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Conplant Pty Ltd

(AG2022/3397)

Conplant Pty Ltd Enterprise Agreement 2022 - 2025

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 2 SEPTEMBER 2022

Application for approval of the Conplant Pty Ltd Enterprise Agreement 2022 – 2025.

Conplant Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Conplant Pty Ltd Enterprise Agreement 2022 - 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 5.4.5(b) – Deduction of monies on termination
· Clause 5.6 – Deduction of monies on termination

· Clause 5.5.4 – Redundancy

However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 2 September 2022 and, in accordance with s.54, will operate from 9 September 2022. The nominal expiry date of the Agreement is 9 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Conplant Pty Ltd involved an application for the approval of the Conplant Pty Ltd Enterprise Agreement 2022 – 2025. This dispute was heard before the Fair Work Commission, an industrial relations tribunal with jurisdiction over such matters in Australia. The application was made by the employer, Conplant Pty Ltd, seeking the Commission’s approval of the proposed enterprise agreement that outlines the terms and conditions of employment for its workforce over the specified period.

The primary legal issues the court needed to address were whether the agreement met the requirements under the Fair Work Act 2009 and whether it adhered to the principles of "better off overall" and "no detriment" for the employees involved. The court had to scrutinise the terms of the agreement to ensure they were fair and reasonable, considering factors such as the nature of the employment, the bargaining positions of the parties, and the impact of the agreement on the employees' working conditions and entitlements.

The Fair Work Commission found that the enterprise agreement satisfied the statutory requirements and complied with the principles of fairness. The Commission determined that the agreement was likely to be better off overall for the employees, taking into account factors such as wage increases, improved conditions, and additional benefits. Additionally, the Commission concluded that the agreement did not result in any detriment to the employees. Consequently, the application was approved, and the Conplant Pty Ltd Enterprise Agreement 2022 – 2025 was formally endorsed.

Conplant Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established