DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Conveyor Company of Australia Pty Ltd
(AG2015/398)

CONVEYOR CO OF AUSTRALIA PTY. LTD. ENTERPRISE AGREEMENT 2015 - 2019

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 4 MARCH 2015

Application for approval of the Conveyor Co of Australia Pty. Ltd. Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of a single-enterprise agreement known as the Conveyor Co of Australia Pty. Ltd. Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Conveyor Company of Australia Pty Ltd.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2015. The nominal expiry date of the Agreement is 3 March 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of the Conveyor Co of Australia Pty Ltd Enterprise Agreement 2015-2019. The applicant, Conveyor Company of Australia Pty Ltd, sought to have the enterprise agreement, which had been negotiated with its employees, approved by the Commission. The agreement contained various terms and conditions of employment, including pay rates, hours of work, and other employment-related matters. The dispute arose as the application was made under the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the legal requirements for approval.

The key legal issues the Commission needed to address were whether the agreement had been made in accordance with the provisions of the Fair Work Act and whether it contained the minimum terms and conditions required by law. In particular, the Commission had to consider whether the agreement had been negotiated in good faith, whether it provided for the proper classification of employees, and whether it included all the mandatory terms and conditions set out in the Act. Additionally, the Commission needed to assess whether the agreement was likely to achieve a better outcome for the employees than the applicable award or registered agreement.

The Commission found that the agreement had been negotiated in good faith and contained all the necessary minimum terms and conditions. The applicant had demonstrated that it had engaged in genuine negotiations with its employees and had made efforts to reach a fair and reasonable agreement. The Commission also found that the agreement provided for the proper classification of employees and included all the mandatory terms and conditions required by the Act. Furthermore, the Commission was satisfied that the agreement was likely to achieve a better outcome for the employees than the applicable award or registered agreement, as it provided for improved pay rates, better working conditions, and other benefits.

Consequently, the Fair Work Commission approved the Conveyor Co of Australia Pty Ltd Enterprise Agreement 2015-2019, determining that it met the legal requirements for approval and was in the best interests of the employees. The agreement would now be registered, and the parties would be bound by its terms and conditions for the specified period.

Conveyor Company of Australia 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