DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cummins South Pacific Pty Ltd T/A Cummins South Pacific
(AG2018/465)

CUMMINS SUPPORT CENTRE - SERVICE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2018

Application for approval of the Cummins Support Centre - Service Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cummins Support Centre - Service Enterprise Agreement 2018 (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 “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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2018. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cummins South Pacific Pty Ltd, trading as Cummins South Pacific, sought approval for the Cummins Support Centre - Service Enterprise Agreement 2018. This agreement was proposed to cover its employees who were classified as casual, part-time, and full-time. The matter was heard in the Fair Work Commission, which is tasked with the approval of enterprise agreements under the Fair Work Act 2009. The legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval and if it complied with the provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to determine if the agreement was made in good faith, if it provided for a fair and efficient system of determining wages and other conditions of employment, and if it included appropriate mechanisms for dispute resolution.

The Commission examined the process by which the agreement was negotiated and the content of the agreement itself. It found that the negotiations were conducted in good faith and that the agreement provided for an efficient system of determining wages and other employment conditions. The Commission also noted that the agreement included provisions for dispute resolution that were compliant with the Act. The Commission concluded that the agreement met all the necessary statutory requirements for approval and was in compliance with the Fair Work Act and the Fair Work Regulations. Therefore, the application for approval of the Cummins Support Centre - Service Enterprise Agreement 2018 was successful.

The Fair Work Commission approved the Cummins Support Centre - Service Enterprise Agreement 2018, effective from 1 May 2018. The approval was subject to the terms and conditions set out in the agreement, which included provisions for wages, hours of work, leave, and dispute resolution mechanisms. The agreement was to be in force until 31 December 2022, unless terminated earlier in accordance with its provisions. The approval was based on the Commission's finding that the agreement was made in good faith, provided for a fair and efficient system of determining wages and other conditions of employment, and included appropriate mechanisms for dispute resolution. The Commission's decision was final and binding on all parties involved.

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