DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Corinthian Industries (Australia) Pty Ltd
(AG2021/5557)

CORINTHIAN INDUSTRIES QUEENSLAND ENTERPRISE AGREEMENT 2021-2025

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 7 JULY 2021

Application for approval of the Corinthian Industries Queensland Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the Corinthian Industries Queensland Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corinthian Industries (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting clause 1.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corinthian Industries (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Corinthian Industries Queensland Enterprise Agreement 2021-2025. The agreement, which was entered into between the company and the workers’ union, sets out the terms and conditions of employment for the workers in Queensland. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for the employees' pay and conditions in accordance with the safety net provided by the Act and whether the agreement had been made in good faith and without coercion. The Commission had to consider the provisions of the agreement, including the minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment. The Commission also had to consider whether the agreement provided for genuine bargaining and whether it complied with the requirements for the approval of enterprise agreements under the Act.

The Commission found that the agreement met the statutory requirements for approval. The agreement provided for minimum rates of pay and penalty rates that were no less favourable than the safety net provided by the Act. The agreement also provided for leave entitlements and other conditions of employment that were consistent with the Act. The Commission was satisfied that the agreement had been made in good faith and without coercion, and that it provided for the employees' pay and conditions in accordance with the safety net. The Commission approved the agreement, which will now be binding on the parties for the period specified in the agreement.

Corinthian Industries (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