DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cummins South Pacific Pty Ltd
(AG2015/5033)

CUMMINS SOUTH PACIFIC PTY LTD (SCORESBY OPERATIONS) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 25 SEPTEMBER 2015

Application for approval of the Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cummins South Pacific Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2015. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cummins South Pacific Pty Ltd (Scoresby Operations) applied to the Fair Work Commission for the approval of the Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2015. The Fair Work Commission (FWC) was required to determine whether the agreement met the legal requirements for approval. The applicant sought to have the enterprise agreement approved under the Fair Work Act 2009, which mandates that an enterprise agreement must meet certain criteria to be approved.

The legal issues before the FWC were whether the agreement was an enterprise agreement, whether the agreement had been agreed upon by the employer and the relevant employees, and whether the agreement met the good faith bargaining requirement. The FWC considered the evidence presented and the submissions made by the parties. The FWC found that the agreement was an enterprise agreement, that it had been agreed upon by the relevant parties, and that it met the good faith bargaining requirement. The FWC also found that the agreement contained provisions that met the minimum entitlements set out in the Fair Work Act.

The FWC approved the enterprise agreement, stating that it was satisfied that the agreement met all the legal requirements for approval. The FWC noted that the agreement contained provisions that went beyond the minimum entitlements set out in the Fair Work Act, and that the parties had made a genuine effort to reach an agreement through good faith bargaining. The FWC concluded that the agreement was in the best interests of the employees and the employer, and that it would promote harmonious, productive and cooperative workplace relations.

Cummins South Pacific Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established