DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CQMS Razer Pty Ltd
(AG2017/1436)

CQMS RAZER – TOMAGO ENTERPRISE AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 JULY 2017

Application for approval of the CQMS Razer - Tomago Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the CQMS Razer - Tomago 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 Razer 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 4 July 2017 and, in accordance with s.54, will operate from 11 July 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, CQMS Razer Pty Ltd sought approval for the Tomago Enterprise Agreement 2017-2020. The dispute involved the company's application for the agreement, which was contested by the Transport Workers Union of Australia, who argued that the agreement did not meet the necessary requirements under the Fair Work Act 2009. The central legal issues revolved around whether the agreement provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated between the parties.

The Fair Work Commission examined the provisions of the agreement, focusing on the representation of employees, the negotiation process, and the substantive terms of the agreement. The Commission noted that the agreement was the result of genuine bargaining and that it contained provisions that were fair and reasonable for the employees. The company had provided evidence of the negotiation process, demonstrating that it had involved genuine discussions between the parties. The Commission also found that the agreement contained terms and conditions that were in line with industry standards and were not detrimental to the employees.

Based on the evidence presented, the Fair Work Commission approved the Tomago Enterprise Agreement 2017-2020, finding that it met the necessary requirements under the Fair Work Act 2009. The Commission found that the agreement was fair and reasonable, and that it had been genuinely negotiated between the parties. The Commission noted that the agreement provided for appropriate terms and conditions for the employees, and that it was in line with industry standards. The Commission also found that the agreement did not contain any provisions that would be detrimental to the employees. The application for approval of the agreement was therefore granted.

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