DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Core Toughened Pty Limited
(AG2018/7335)

CORE TOUGHENED PTY LIMITED AND CFMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2018-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 FEBRUARY 2019

Application for approval of the Core Toughened Pty Limited and CFMEU - Manufacturing Division Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Core Toughened Pty Limited and CFMEU - Manufacturing Division Enterprise Agreement 2018-2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Core Toughened Pty Limited. 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 Construction, Forestry, Maritime, Mining & Energy Union — Manufacturing Division 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) of the Act, 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 4 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Core Toughened Pty Limited recently sought approval for an enterprise agreement from the Fair Work Commission. The Australian Manufacturing Workers' Union Manufacturing Division sought to intervene in the proceedings to argue against the approval of the agreement. The nature of the dispute was centred around the provisions of the proposed agreement, particularly those relating to shift patterns and employee entitlements. The court was tasked with determining whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees. The legal issues revolved around whether the proposed agreement provided adequate protections for the employees and whether it met the requirements of the Act.

The court examined the proposed agreement clause by clause, considering whether each provision met the criteria for approval under the Act. The court considered the provisions relating to shift patterns, overtime, and penalty rates, among other things. The court found that the proposed agreement contained provisions that did not comply with the Act, particularly in relation to shift patterns and overtime. The court found that the proposed agreement did not provide adequate protections for employees and was not in their best interests. The court also found that the proposed agreement did not meet the requirements of the Act and could not be approved.

In light of the court's findings, the application for approval of the proposed enterprise agreement was dismissed. The court found that the proposed agreement did not provide adequate protections for employees and was not in their best interests. The court also found that the proposed agreement did not meet the requirements of the Act and could not be approved. The court's decision provides important guidance for employers and unions when negotiating enterprise agreements and highlights the importance of ensuring that agreements comply with the Act and provide adequate protections for employees.

Core Toughened Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established