DECISION

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

Consolidated Manufacturing Enterprise Pty Ltd
(AG2014/11039)

CME INVERELL ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 JANUARY 2015

Application for approval of the CME Inverell Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CME Inverell Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 28 January 2015. The nominal expiry date of the Agreement is 28 January 2019.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Consolidated Manufacturing Enterprise Pty Ltd (CME) sought approval for a proposed enterprise agreement from the Fair Work Commission (FWC). The agreement, dated 2014, was to be applied to workers in the Inverell region. The dispute centred on whether the FWC should approve the agreement, given concerns about its compliance with various aspects of the Fair Work Act 2009. The primary issue before the FWC was whether the proposed agreement met the criteria for approval under section 174 of the Act, specifically whether it facilitated the creation of an enterprise agreement that was free from coercion, discrimination, and other prohibited content, and whether it provided for the proper registration of the agreement.

The FWC examined the agreement to ensure it complied with the requirements of the Act. This included verifying that it did not contain any provisions that were contrary to public policy, such as those that facilitated forced labour or other exploitative practices. The FWC also considered whether the agreement had been made in good faith and whether it provided for appropriate dispute resolution mechanisms. Furthermore, the FWC assessed whether the agreement met the "better off overall test" under section 180 of the Act, meaning that the employees would be better off overall under the new agreement than they would be under the previous award or agreement.

After careful consideration, the FWC determined that the proposed agreement complied with the statutory requirements for approval. The FWC found that the agreement did not contain any prohibited content and was made in good faith. Additionally, the FWC was satisfied that the agreement provided for appropriate dispute resolution mechanisms and met the "better off overall test." Consequently, the FWC approved the agreement, and it was registered with effect from the date of the decision. The court's decision ensures that the agreement can now be implemented, providing a clear framework for industrial relations between CME and its employees in the Inverell region.

Consolidated Manufacturing Enterprise 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