DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cyclone Tools Pty Ltd
(AG2015/979)

CYCLONE TOOLS - COMPREHENSIVE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 11 MAY 2015

Application for approval of the CYCLONE TOOLS - Comprehensive Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CYCLONE TOOLS - Comprehensive Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cyclone Tools Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act 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 18 May 2015. The nominal expiry date of the Agreement is 1 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

Cyclone Tools Pty Ltd is the applicant seeking approval for the CYCLONE TOOLS - Comprehensive Enterprise Agreement 2015. The respondents are the Australian Manufacturing Workers' Union, the Metal Trades Industry Association of Australia, and the Australian Workers' Union. The dispute revolves around the fairness and appropriateness of the proposed agreement under the Fair Work Act 2009. The decision was handed down by the Fair Work Commission (FWC), a federal statutory tribunal responsible for resolving workplace disputes in Australia.

The primary legal issue before the FWC was whether the proposed enterprise agreement was fair and appropriate, taking into account the various provisions of the Fair Work Act. The FWC had to consider whether the agreement satisfied the "better off overall test" (BOOT) and whether it adhered to the Fair Work Act's good faith bargaining requirements. The FWC also had to ensure that the agreement was not contrary to the public interest and that it was appropriate for the bargaining process.

The FWC examined the arguments presented by both the applicant and the respondents. The applicant argued that the agreement was fair and appropriate, offering significant benefits to employees while maintaining the company's financial stability. The respondents, on the other hand, raised concerns about specific provisions, including wage rates, working conditions, and procedural fairness. After a thorough analysis of the evidence and arguments, the FWC concluded that the proposed agreement met the necessary criteria for approval. The FWC determined that the agreement was fair and appropriate, satisfied the BOOT, and was not contrary to the public interest. The FWC also found that the agreement was appropriate for the bargaining process.

The FWC approved the CYCLONE TOOLS - Comprehensive Enterprise Agreement 2015, effective from the date of the decision. The approval ensures that the agreement will be legally binding on both the employer and the employees covered by the agreement. The final orders of the FWC include the approval of the agreement and the setting aside of any objections raised by the respondents. The decision is now final and binding, and both parties must abide by the terms of the approved enterprise agreement.

Cyclone Tools 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