DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cummins South Pacific Pty Ltd T/A Cummins South Pacific
(AG2020/1189)

CUMMINS SOUTH PACIFIC PTY LTD (CUMMINS CARE - PARTS) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 JUNE 2020

Application for approval of the Cummins South Pacific Pty Ltd (Cummins Care - Parts) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cummins South Pacific Pty Ltd (Cummins Care - Parts) Enterprise Agreement 2020 (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 T/A Cummins South Pacific. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2020. The nominal expiry date of the Agreement is 1 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cummins South Pacific Pty Ltd, trading as Cummins South Pacific, applied to the Fair Work Commission for approval of the Cummins Care – Parts Enterprise Agreement 2020. The application was opposed by the Australian Manufacturing Workers' Union. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement provided for fair and reasonable terms and conditions of employment. This required the Commission to consider various aspects, including the agreement's compliance with the safety net, its procedural fairness, and its overall impact on the employees. The Commission also had to assess whether the agreement was genuinely negotiated and if it provided adequate protections for employees.

In its decision, the Commission examined the agreement in detail, considering the submissions from both Cummins South Pacific and the union. The Commission found that the agreement provided fair and reasonable terms and conditions of employment. It concluded that the agreement met the safety net requirements and was procedurally fair. The Commission also determined that the agreement was genuinely negotiated and provided adequate protections for employees, thereby meeting the statutory criteria for approval.

The Fair Work Commission approved the Cummins Care – Parts Enterprise Agreement 2020, subject to certain conditions and modifications. The approval ensures that the agreement will govern the employment terms and conditions of the employees involved, providing a stable framework for their working relationship with Cummins South Pacific.

Cummins South Pacific Pty Ltd T/A Cummins South Pacific

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established