DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corinthian Industries (Australia) Pty Limited
(AG2018/6963)

CORINTHIAN INDUSTRIES WEST AUSTRALIA ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 MAY 2019

Application for approval of the Corinthian Industries West Australia Enterprise Agreement 2018.

[1] Corinthian Industries (Australia) Pty Limited has made an application for the approval of an enterprise agreement known as the Corinthian Industries West Australia Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings regarding the undertakings proffered were sought. No objections were raised.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Construction, Forestry, Maritime, Mining and Energy (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 20 May 2019 and, in accordance with s 54, will operate from 27 May 2019. The nominal expiry date of the Agreement is 1 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Corinthian Industries (Australia) Pty Limited recently appeared before the Fair Work Commission to seek approval for the Corinthian Industries West Australia Enterprise Agreement 2018. The application centred on whether the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The parties involved included Corinthian Industries, as the employer, and the trade union representing the employees, who had negotiated the agreement. The dispute revolved around the fairness and compliance of the agreement with the relevant provisions of the Act.

The primary legal issues before the Commission were whether the agreement was made in good faith, contained appropriate mechanisms for resolving disputes, and complied with the procedural requirements for making and approving enterprise agreements. Additionally, the Commission had to consider if the agreement provided for minimum terms and conditions of employment as stipulated by the Fair Work Act. The Commission needed to assess if the agreement was free from any elements that could be deemed unfair or coercive.

The Fair Work Commission found that the Corinthian Industries West Australia Enterprise Agreement 2018 was made in good faith and included adequate dispute resolution mechanisms. The Commission noted that the agreement complied with the procedural requirements and provided for the minimum terms and conditions of employment. Importantly, the Commission determined that no elements of the agreement were unfair or coercive, and therefore met the criteria for approval under the Fair Work Act. The Commission approved the agreement, acknowledging the collaborative efforts of both parties in reaching a fair and reasonable outcome.

In its decision, the Commission approved the Corinthian Industries West Australia Enterprise Agreement 2018, effective from the date of the decision. The Commission's approval ensures that the agreement will govern the employment terms and conditions for the relevant employees, providing a framework for their workplace rights and obligations. This decision affirms the importance of adhering to the statutory requirements for enterprise agreements and highlights the role of the Fair Work Commission in ensuring fair industrial relations practices.

Corinthian Industries (Australia) 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