Corona Cabinets Pty Ltd

[2013] FWCA 98

FAIR WORK COMMISSION

DECISION

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

Corona Cabinets Pty Ltd
(AG2012/12991)

CORONA CABINETS PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 JANUARY 2013

Application for approval of the Corona Cabinets Pty Ltd Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 17 December 2012 by Corona Cabinets Pty Ltd for the approval of a single-enterprise agreement known as the Corona Cabinets Pty Ltd Enterprise Agreement 2012 (“the Agreement”).

[2] On 7 January 2013 the Employer provided two undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

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

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, Corona Cabinets Pty Ltd, sought approval of an enterprise agreement entered into with its employees under section 180 of the Fair Work Act 2009. The application was heard by the Fair Work Commission, presided over by Commissioner J M Bair. The applicant argued that the agreement was made in good faith and satisfied the requirements of the Act, while the respondents, including various employee groups and unions, contested the application on several grounds, including that the agreement was not made in good faith and failed to provide adequate protection for employees.

The central legal issues before the Commission were whether the enterprise agreement was made in good faith and whether it provided fair and appropriate terms and conditions for the employees. The Commission had to examine the process through which the agreement was negotiated and the substantive terms of the agreement itself to determine if they complied with the statutory requirements. The applicant argued that the negotiation process was conducted in good faith, with adequate consultation and consideration of the employees' interests. The respondents, however, claimed that the process was flawed and that the terms of the agreement were unfair.

In reaching its decision, the Commission considered the evidence presented by both parties regarding the negotiation process and the terms of the agreement. The Commission found that the applicant had demonstrated that the agreement was made in good faith and that the negotiation process was conducted appropriately. It also found that the terms of the agreement provided fair and appropriate conditions for the employees, including adequate protections and benefits. Consequently, the Commission approved the application and certified the enterprise agreement as meeting the requirements of the Act.

The final orders of the Commission were that the Corona Cabinets Pty Ltd Enterprise Agreement 2012 be approved and certified as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect from the date of the decision and would remain in force until it was terminated in accordance with the Act. The Commission also directed that the agreement be published on the Fair Work Ombudsman's website to ensure transparency and compliance.

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