Cummins South Pacific Pty Ltd T/A Cummins South Pacific

[2014] FWCA 5219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cummins South Pacific Pty Ltd T/A Cummins South Pacific
(AG2014/6936)

CUMMINS SUPPORT CENTRE - SERVICE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 AUGUST 2014

Application for approval of the Cummins Support Centre - Service Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cummins Support Centre - Service Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Cummins South Pacific Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate 8 August 2014. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cummins South Pacific Pty Ltd, trading as Cummins South Pacific, filed an application before the Fair Work Commission seeking approval of the Cummins Support Centre - Service Enterprise Agreement 2013. The application involved the resolution of employment terms and conditions for employees within the support centre, aiming to ensure the agreement met the statutory requirements under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was appropriately certified and fair in terms of the interests of the employees involved.

The legal issues before the Fair Work Commission centred on the validity and fairness of the proposed enterprise agreement. The Commission needed to ascertain if the agreement was genuinely negotiated and if it contained all the necessary prescribed terms. Additionally, the Commission considered whether the agreement was fair, taking into account the interests of the employees and any potential impacts on their working conditions and rights. The Commission also examined if the agreement was certified by an independent person in accordance with the statutory provisions.

In delivering its decision, the Fair Work Commission examined the process through which the agreement was negotiated and certified. The Commission found that the agreement had been genuinely negotiated and contained all the required prescribed terms. Furthermore, the Commission determined that the agreement was fair, considering the interests of the employees and ensuring that their rights and working conditions were adequately protected. The Commission approved the agreement, finding that it complied with all statutory requirements and was fair in its terms and conditions.

Consequently, the Fair Work Commission granted approval for the Cummins Support Centre - Service Enterprise Agreement 2013, confirming its compliance with the Fair Work Act 2009 and its fairness in terms of the employees' interests. The agreement was thus approved and became effective, governing the employment conditions of the employees within the support centre as per the terms outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established