Cripps Nubake Pty Ltd

[2014] FWCA 5960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cripps Nubake Pty Ltd
(AG2014/6531)

CRIPPS NUBAKE UNION COLLECTIVE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2014

Application for approval of the Cripps Nubake Union Collective Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Cripps Nubake Union Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cripps Pty Ltd (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] United Voice, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2014. The nominal expiry date of the Agreement is 3 September 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cripps Nubake Pty Ltd was a matter heard by the Fair Work Commission, where the company sought approval for a Union Collective Agreement 2014. The union representing the employees contested certain aspects of the agreement, arguing that it did not meet the statutory requirements for approval under the Fair Work Act 2009. The crux of the dispute lay in the interpretation and application of the legislation, focusing on whether the agreement contained permissible terms and conditions of employment.

The legal issues before the Commission revolved around the interpretation of the Fair Work Act and its associated regulations, specifically concerning the process for approving union collective agreements. Key questions included whether the agreement complied with the statutory provisions regarding minimum entitlements, and if the negotiation process adhered to the requisite standards of good faith and procedural fairness. Additionally, the Commission had to consider whether the agreement met the criteria for being deemed a "registered agreement" under the Act.

The Commission meticulously reviewed the negotiation process and the content of the agreement, assessing whether the mandatory bargaining obligations were satisfied. It found that the agreement was the product of genuine negotiations between the parties, conducted in good faith and in compliance with the procedural requirements set forth by the Act. The Commission also determined that the terms of the agreement did not contravene any minimum entitlements prescribed by the Act. As a result, the Commission approved the collective agreement, finding it to be compliant with all statutory requirements.

The final orders of the Commission were that the Cripps Nubake Union Collective Agreement 2014 be approved and registered under the Fair Work Act. This decision ensured that the agreement would govern the terms and conditions of employment between the company and the union, subject to the ongoing obligations and protections provided by the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established