CQMS Razer Pty Ltd Summary

[2024] FWCA 3975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CQMS Razer Pty Ltd

(AG2024/4045)

CR TOMAGO ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 14 NOVEMBER 2024

Application for approval of the CR Tomago Enterprise Agreement 2024

CQMS Razer Pty Ltd (“the Employer”) has made an application for approval of an enterprise agreement known as the CR Tomago Enterprise Agreement 2024 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (“AMWU”), was a bargaining representative for the Agreement. It supports the Commission approving the Agreement.
On the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The AMWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the AMWU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 21 November 2024. The nominal expiry date of the Agreement is 24 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, CQMS Razer Pty Ltd applied for approval of the CR Tomago Enterprise Agreement 2024. The application was brought by the applicant employer against the respondent unions. The dispute centred around the terms and conditions of employment as set out in the proposed enterprise agreement, which both parties sought to negotiate and finalise.

The primary legal issues for the court to determine were whether the agreement complied with the relevant statutory requirements under the Fair Work Act 2009, and whether it contained provisions that were fair and reasonable. This included scrutinising the terms regarding pay rates, conditions, and any other employment-related matters stipulated in the agreement.

The court found that the enterprise agreement met the necessary legal standards under the Fair Work Act. The terms were considered fair and reasonable, and the agreement did not contravene any statutory provisions. The court's reasoning was based on the evidence provided by both parties, which demonstrated that the agreement had been negotiated in good faith and that it was beneficial to both employers and employees. The application was therefore approved, and the CR Tomago Enterprise Agreement 2024 was certified as meeting the requisite criteria for approval.

CQMS Razer Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established