DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cummins South Pacific Pty Ltd T/A Cummins South Pacific
(AG2019/2646)

CUMMINS SOUTH PACIFIC PTY LTD (SCORESBY OPERATIONS) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 8 AUGUST 2019

Application for approval of the Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2019 (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] 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 15 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Cummins South Pacific Pty Ltd trading as Cummins South Pacific and the Australian Manufacturing Workers' Union. The dispute was brought before the Fair Work Commission to seek approval of an enterprise agreement, specifically the Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2019. The primary contention was whether the agreement met the statutory requirements for approval, including compliance with the provisions of the Fair Work Act 2009 and whether it was made in good faith and without coercion.

The central legal issues before the Commission were whether the enterprise agreement was fairly negotiated, free from improper conduct, and whether it contained all the necessary minimum terms and conditions of employment as mandated by the Act. Additionally, the Commission had to determine if the agreement was in the best interests of the employees covered by it, considering factors such as fairness, simplicity, and clarity.

The Fair Work Commission found that the agreement was appropriately negotiated in good faith and without any coercive conduct. The Commission was satisfied that the agreement was clear, simple, and fair, and it contained all the necessary minimum terms and conditions. It was noted that the agreement provided for appropriate protections and benefits for employees, including provisions for leave, pay rates, and dispute resolution mechanisms. Based on these findings, the Commission approved the enterprise agreement, deeming it compliant with the statutory requirements.

In approving the agreement, the Commission issued orders formalising the approval and setting out the terms of the enterprise agreement. The agreement was to be registered and would come into effect on the date specified within the agreement. The orders also provided for the agreement to be published and made available to the employees and the public, ensuring transparency and accessibility.

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