Cox Industries (Australia) Pty Ltd Summary

[2013] FWCA 8275

FAIR WORK COMMISSION

DECISION

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

Cox Industries (Australia) Pty Ltd
(AG2013/9527)

COX INDUSTRIES (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 23 OCTOBER 2013

Application for approval of the Cox Industries (Australia) Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cox Industries (Australia) Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 30 October 2013. The nominal expiry date of the Agreement is30 October 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cox Industries (Australia) Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2013. The application involved various unions representing employees of Cox Industries, who contested the terms of the agreement. The primary dispute centred around the adequacy of the proposed conditions for employees, particularly concerning wages, working hours, and other employment terms.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and if it provided fair and reasonable terms for the employees. The Commission had to assess whether the agreement contained minimum workplace entitlements and if it ensured a fair and efficient workplace. Additionally, the Commission considered whether the agreement had been genuinely negotiated and if it provided for appropriate dispute resolution mechanisms.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the Enterprise Agreement 2013 was fair and reasonable for the employees. The Commission found that the agreement met all statutory requirements, including the provision of minimum workplace entitlements. The Commission was satisfied that the agreement was genuinely negotiated and included adequate dispute resolution processes. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and the employer. The final orders confirmed the approval of the Enterprise Agreement 2013, allowing it to be registered and enforceable under the Fair Work Act 2009.

Cox Industries (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established