Cub Pty Ltd

[2022] FWCA 3807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cub Pty Ltd

(AG2022/4340)

CUB Abbotsford Trades Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 28 OCTOBER 2022

Application for approval of the CUB Abbotsford Trades Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the CUB Abbotsford Trades Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cub Pty Ltd. The Agreement is a single enterprise agreement.

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

The Australian Manufacturing Workers' Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have 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 organisations.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Employment, Engagement and Termination – Clause 16.4.1 and 16.4.6.
· Leave – Clause 19.2.3 and 19.2.5.

However, noting clause 2.5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2022. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Cub Pty Ltd, which sought approval of the CUB Abbotsford Trades Enterprise Agreement 2022. The applicant argued that the agreement, which included provisions for the payment of allowances, was fair and reasonable in all respects. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the allowances specified in the agreement were necessary to ensure the efficient operation of the workplace. Additionally, the Commission needed to assess whether the agreement was consistent with the Fair Work Act, including the requirement that it be in the interests of the employees covered by the agreement. The Commission also considered whether the agreement complied with the procedural requirements for enterprise agreements, such as whether proper consultation had occurred with the employees and whether the agreement had been appropriately notified.

The Fair Work Commission found that the allowances provided in the CUB Abbotsford Trades Enterprise Agreement 2022 were necessary for the efficient operation of the workplace, as they ensured that employees could perform their duties effectively. The Commission determined that the agreement was fair and reasonable, and it met the criteria for approval under the Fair Work Act. The Commission concluded that the agreement was consistent with the Act, including the requirement that it be in the interests of the employees. The Commission also found that the procedural requirements for enterprise agreements had been met, including proper consultation with employees and appropriate notification of the agreement. The Commission approved the CUB Abbotsford Trades Enterprise Agreement 2022.

The Fair Work Commission approved the CUB Abbotsford Trades Enterprise Agreement 2022, finding it to be fair and reasonable, and in the interests of the employees covered by the agreement. The Commission determined that the allowances specified in the agreement were necessary for the efficient operation of the workplace, and that the agreement complied with the Fair Work Act and procedural requirements for enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established