DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4252)

CETADALE PTY LTD T/A FABRIC CONVERSIONS AND CFMEU MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 25 NOVEMBER 2019

Application for approval of the Cetadale Pty Ltd t/a Fabric Conversions and CFMEU Manufacturing Division Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cetadale Pty Ltd t/a Fabric Conversions and CFMEU Manufacturing Division Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and related materials, 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.

[3] Noting clause 5.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2019. The nominal expiry date of the Agreement is 14 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Cetadale Pty Ltd t/a Fabric Conversions and CFMEU Manufacturing Division Enterprise Agreement 2019. The primary parties were Cetadale Pty Ltd, trading as Fabric Conversions, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Manufacturing Division. The dispute centred on the proposed terms and conditions of employment under the enterprise agreement, which the parties sought to have approved by the Fair Work Commission. The legal issues that the Commission had to resolve included whether the agreement complied with the statutory requirements of the Fair Work Act 2009 and if it provided for appropriate minimum terms and conditions.

In examining the enterprise agreement, the Commission considered various aspects, including whether the agreement addressed all the mandatory topics required by the Fair Work Act. Additionally, the Commission assessed if the agreement provided for adequate minimum rates of pay, leave entitlements, and other employment conditions that met or exceeded the national minimum standards. The Commission also evaluated if the agreement allowed for proper consultation and dispute resolution mechanisms. The court noted that the agreement was largely in line with the statutory requirements, providing for fair and reasonable terms of employment.

The Fair Work Commission determined that the Cetadale Pty Ltd t/a Fabric Conversions and CFMEU Manufacturing Division Enterprise Agreement 2019 met the necessary legal standards. The Commission found that the agreement covered all mandatory topics, provided for appropriate minimum terms and conditions, and included effective consultation and dispute resolution provisions. Therefore, the Commission approved the enterprise agreement. The approval ensures that the terms and conditions set out in the agreement are legally binding on the parties involved.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established