Core Toughened Pty Limited

[2022] FWCA 844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Core Toughened Pty Limited

(AG2022/551)

Core Toughened Pty Ltd and DGU Co Pty Ltd AND CFMEU - Manufacturing Division Enterprise Agreement - 2021-2024

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 10 MARCH 2022

Application for approval of the Core Toughened Pty Ltd and DGU Co Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2021-2024

An application has been made for approval of an enterprise agreement known as the Core Toughened Pty Ltd and DGU Co Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2021-2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 March 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Core Toughened Pty Limited, represented by their counsel, applied for approval of the Core Toughened Pty Ltd and DGU Co Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2021-2024. The agreement was made on 1 March 2021 and was set to expire on 30 June 2024. The application was brought before the Fair Work Commission (FWC), specifically the Deputy President, who was required to determine whether the agreement met the necessary conditions for approval under the Fair Work Act 2009.

The court was tasked with examining whether the agreement satisfied the procedural requirements set out in the Act, including whether the agreement was genuinely negotiated between the employer and the employees, and whether it covered all necessary terms and conditions of employment. Additionally, the court needed to consider whether the agreement complied with the provisions of the Act that aim to ensure fair terms and conditions of employment, such as minimum wages, leave entitlements, and working hours.

The Deputy President found that the agreement was genuinely negotiated between the parties and that it complied with all procedural requirements. The court noted that the agreement contained terms and conditions of employment that were not less favourable than the applicable modern award, and it met the provisions of the Act. Therefore, the Deputy President approved the agreement, stating that it would provide a fair and reasonable outcome for both the employer and the employees.

No further orders were made by the court. The agreement was approved and is now legally binding on all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established