DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cutler Brands Pty Ltd
(AG2016/5739)

CUTLER BRANDS PTY LTD ENTERPRISE AGREEMENT 2016

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 22 NOVEMBER 2016

Application for approval of the Cutler Brands Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cutler Brands Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cutler Brands Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2016. The nominal expiry date of the Agreement is 21 November 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Cutler Brands Pty Ltd was the subject of an application to the Fair Work Commission for the approval of an Enterprise Agreement dated 2016. The primary concern was whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of the procedural fairness and the overall compliance with the legal standards for enterprise agreements. The application was brought forward to ensure that the agreement was fair and in line with the legislative framework governing such agreements in Australia.

The legal issues before the court were centred on whether the agreement was genuinely a product of a collective bargaining process, as mandated by the Fair Work Act. The court was required to determine if the agreement was made in good faith, and if it provided for the appropriate minimum terms and conditions for employees. Furthermore, the court had to consider whether the agreement met the disclosure and transparency requirements stipulated under the Act.

In delivering its judgment, the court examined the process through which the agreement was negotiated and concluded. It found that the agreement was indeed a result of genuine collective bargaining, conducted in good faith. The court also noted that the agreement contained all the necessary minimum terms and conditions, and that there was sufficient evidence of the disclosure and transparency required by law. Therefore, the court concluded that the Enterprise Agreement was compliant with the legislative requirements and approved its terms.

The court ordered the approval of the Cutler Brands Pty Ltd Enterprise Agreement 2016, affirming its compliance with the Fair Work Act 2009. The decision was made on the basis that the agreement was made through a process of genuine collective bargaining, met the necessary legislative criteria, and provided for the appropriate terms and conditions for the employees.

Cutler Brands 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