Cripps Nubake Pty Ltd

[2014] FWCA 5528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cripps Nubake Pty Ltd
(AG2014/1464)

CRIPPS NUBAKE HOBART SUPERMARKET MERCHANDISERS ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 19 AUGUST 2014

Application for approval of the Cripps Nubake Hobart Supermarket Merchandisers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cripps Nubake Hobart Supermarket Merchandisers Enterprise 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 Nubake 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and will be appended to the Agreement.

[5] The Agreement was approved on 19 August 2014 and, in accordance with s.54, will operate from 26 August 2014. The nominal expiry date of the Agreement is 25 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application before the Court concerns the approval of the Cripps Nubake Hobart Supermarket Merchandisers Enterprise Agreement 2014. The applicant, Cripps Nubake Pty Ltd, seeks the Court's approval of the agreement, which has been negotiated with the relevant trade union. The dispute centres around whether the agreement meets the necessary legal criteria for approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission, which has jurisdiction over such matters.

The primary legal issue before the Court was whether the enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Court had to determine whether the agreement was fairly and properly negotiated, whether it contained the appropriate minimum terms and conditions, and whether it complied with the procedural requirements for making an enterprise agreement. The Court also needed to assess whether the agreement met the public interest test, ensuring it would not have a detrimental effect on the broader community.

The Fair Work Commission carefully reviewed the evidence presented by both parties. It found that the agreement had been fairly and properly negotiated, contained the required minimum terms and conditions, and complied with the procedural requirements. Furthermore, the Commission was satisfied that the agreement would not have an adverse effect on the public interest. As a result, the Court approved the Cripps Nubake Hobart Supermarket Merchandisers Enterprise Agreement 2014.

The Fair Work Commission approved the enterprise agreement, and the Court ordered that it be registered with the Fair Work Commission. This registration makes the agreement legally binding on the parties involved, ensuring that the terms and conditions outlined in the agreement are enforced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established