DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CQMS Razer Pty Ltd
(AG2020/3024)

CR TOMAGO ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 20 OCTOBER 2020

Application for approval of the CR Tomago Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the CR Tomago Enterprise Agreement 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 Razer Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 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) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2020. The nominal expiry date of the Agreement is 23 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by CQMS Razer Pty Ltd for the approval of the CR Tomago Enterprise Agreement 2020. The agreement in question was put forward by the applicant, CQMS Razer Pty Ltd, in relation to a specific group of employees. The primary nature of the dispute centred on whether the proposed enterprise agreement met the necessary legal and procedural standards for approval under the Fair Work Act 2009.

The key legal issues that the Commission was required to address included whether the agreement was genuinely negotiated, if it complied with the procedural requirements under the Fair Work Act, and whether the terms of the agreement were fair and reasonable. The Commission also needed to determine if the agreement met the criteria for being a "low paid" enterprise agreement, which would exempt it from certain procedural requirements.

In reaching its decision, the Commission meticulously reviewed the evidence provided regarding the negotiation process, the compliance of the agreement with the Act, and the fairness of the terms. The Commission found that the negotiation process was genuine, and the agreement satisfied all procedural requirements. Furthermore, the terms of the agreement were deemed fair and reasonable, and the agreement qualified as a "low paid" agreement. Consequently, the Commission approved the CR Tomago Enterprise Agreement 2020.

CQMS Razer 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