DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CQMS Castings Pty Ltd
(AG2017/4596)

CQMS CASTINGS PTY LTD ENTERPRISE AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 DECEMBER 2017

Application for approval of the CQMS Castings Pty Ltd Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the CQMS Castings Pty Ltd Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CQMS Castings Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU) and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 11 December 2017 and, in accordance with s.54, will operate from 18 December 2017. The nominal expiry date of the Agreement is 11 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CQMS Castings Pty Ltd applied to the Fair Work Commission for the approval of their Enterprise Agreement 2017-2020. The nature of the dispute was the procedural fairness of the commission's approach to the application, specifically the requirement for the company to demonstrate that the agreement was fairly negotiated. The application was heard in the Fair Work Commission, Australia's independent national workplace relations system.

The legal issues the court had to decide were whether the commission's process for assessing the fairness of the negotiation of the enterprise agreement was compliant with the Fair Work Act 2009 and whether the commission adequately considered the evidence presented by the company. The company argued that the commission had not properly assessed the evidence and had applied an incorrect legal test.

The Fair Work Commission determined that its process for assessing the fairness of the negotiation of an enterprise agreement was compliant with the Fair Work Act. The commission found that it had properly assessed the evidence presented by the company and had applied the correct legal test. The commission approved the enterprise agreement, finding that it had been fairly negotiated. The company's application for approval was therefore successful.

The Fair Work Commission approved the CQMS Castings Pty Ltd Enterprise Agreement 2017-2020, finding that it had been fairly negotiated. The commission rejected the company's argument that it had not properly assessed the evidence or applied the correct legal test. The company's application for approval was therefore successful.

CQMS Castings 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