Corning Cable Systems Pty Ltd Summary

[2013] FWCA 2885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corning Cable Systems Pty Ltd
(AG2013/6298)

CORNING CABLE SYSTEMS - AUSTRALIA ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 9 MAY 2013

Application for approval of the Corning Cable Systems - Australia Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Corning Cable Systems - Australia Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Corning Cable Systems Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), National Union of Workers and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from16 May 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

Corning Cable Systems Pty Ltd applied for approval of the Corning Cable Systems - Australia Enterprise Agreement 2013. The application was made by the employer, Corning Cable Systems Pty Ltd, to the Fair Work Commission. The nature of the dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, specifically whether the agreement was in the public interest and met the requirements for good faith bargaining.

The primary legal issues for the court to determine were whether the agreement was genuinely bargained and whether it contained the minimum terms and conditions as required by the Fair Work Act. The court also needed to consider whether the agreement met the standards of fairness and if it was in the best interests of the employees. Furthermore, the court examined whether there were any procedural flaws in the bargaining process that might invalidate the agreement.

In delivering its judgment, the court found that the agreement was genuinely negotiated in good faith and contained all the minimum terms and conditions as prescribed by the Fair Work Act. The court was satisfied that the agreement met the standards of fairness and was in the best interests of the employees. The court also determined that there were no procedural flaws in the bargaining process that would invalidate the agreement. Consequently, the court approved the Corning Cable Systems - Australia Enterprise Agreement 2013.

Corning Cable Systems Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established