Cryo Grind (Australia) Pty Ltd

[2013] FWCA 8800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cryo Grind (Australia) Pty Ltd
(AG2013/11161)

CRYO GRIND (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2014-2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 NOVEMBER 2013

Application for approval of the Cryo Grind (Australia) Pty Ltd Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Cryo Grind (Australia) Pty Ltd Enterprise Agreement 2014-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Cryo Grind (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54(1), will operate from 15 November 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cryo Grind (Australia) Pty Ltd, sought approval for an enterprise agreement under the Fair Work Act 2009. The dispute involved the company's employees, represented by the United Voice union. The application was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. This included whether the agreement contained genuine terms, had been fairly negotiated, and met the procedural requirements for registration.

The Commission found that the agreement contained genuine terms, had been fairly negotiated, and was in the best interests of the employees. The applicant had demonstrated that the agreement had been negotiated in good faith, and all procedural requirements had been met. The Commission was satisfied that the agreement provided for appropriate mechanisms for dispute resolution and that it did not contain any terms that were contrary to public policy or that would undermine the protections afforded by the National Employment Standards. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment, including provisions for pay rates, hours of work, and leave entitlements.

Accordingly, the Fair Work Commission approved the enterprise agreement. The applicant was directed to take all necessary steps to give effect to the agreement and to provide a copy of the agreement to the Commission within 21 days of the decision. The Commission noted that it would continue to monitor the operation of the agreement and could intervene if any issues arose. The final orders of the Commission included the approval of the enterprise agreement and the direction to the applicant to provide a copy of the agreement to the Commission within the specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established