DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cool Off Pty Ltd
(AG2016/6717)

COOL-OFF GROUP ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 22 DECEMBER 2016

Application for approval of the Cool-Off Group Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cool-Off Group Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cool Off Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2016. The nominal expiry date of the Agreement is 22 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cool Off Pty Ltd, sought approval of the Cool-Off Group Enterprise Agreement 2016, which was to be registered under the Fair Work Act 2009. The applicant, represented by the Fair Work Commission (FWC), argued that the agreement met the necessary conditions for approval as it contained the requisite minimum terms and conditions of employment, was not likely to undermine the public interest, and was not a sham agreement. The decision was made by the Full Bench of the Fair Work Commission.

The primary legal issues before the court were whether the Cool-Off Group Enterprise Agreement 2016 complied with the statutory requirements set out in the Fair Work Act, specifically whether it contained the minimum terms and conditions of employment and did not undermine the public interest or constitute a sham. Additionally, the court had to consider whether the agreement was fair and reasonable and whether the applicant had demonstrated that the agreement had been negotiated in good faith.

The Full Bench found that the Cool-Off Group Enterprise Agreement 2016 complied with the statutory requirements and was fair and reasonable. The court held that the agreement contained the requisite minimum terms and conditions of employment, did not undermine the public interest, and was not a sham. The applicant had also demonstrated that the agreement had been negotiated in good faith. The court further found that the applicant had met its onus of proving that the agreement was not likely to have a detrimental effect on the health and safety of employees.

The Full Bench approved the Cool-Off Group Enterprise Agreement 2016, which was registered under the Fair Work Act 2009. The court ordered that the agreement be registered and that the applicant take all necessary steps to give effect to the agreement. The decision was made on the basis of the evidence presented and the legal arguments advanced by both parties.

Cool Off 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