DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ConvaTech Pty Ltd
(AG2015/1287)

CONVATECH WESTERN AUSTRALIAN EMPLOYEE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 7 JULY 2015

Application for approval of the ConvaTech Western Australian Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ConvaTech Western Australian Employee Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ConvaTech Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from ConvaTech Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2015. The nominal expiry date of the Agreement is 14 July 2018.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the Australian Capital Territory Civil and Administrative Tribunal, ConvaTech Pty Ltd applied for the approval of the ConvaTech Western Australian Employee Enterprise Agreement 2015. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, with various stakeholders, including employees and the company, expressing their positions on the matter.

The tribunal was tasked with determining whether the proposed agreement met the legal requirements for approval under the relevant employment legislation. This involved examining the agreement's compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. The court had to assess whether the agreement provided for fair and reasonable terms, including provisions for minimum wages, hours of work, and other conditions of employment. Additionally, the tribunal considered the process by which the agreement was made, ensuring it was free from any improper conduct or coercion.

After careful consideration of the evidence and submissions presented, the tribunal found that the ConvaTech Western Australian Employee Enterprise Agreement 2015 was compliant with the statutory requirements. The tribunal concluded that the agreement provided fair and reasonable terms for the employees and was made in accordance with the relevant provisions of the legislation. Consequently, the tribunal approved the agreement, paving the way for its implementation in the workplace.

The tribunal ordered that the ConvaTech Western Australian Employee Enterprise Agreement 2015 be approved, effective from the date of the decision. The agreement would now govern the terms and conditions of employment for the relevant employees within the specified scope, as outlined in the approved agreement.

ConvaTech 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