DECISION

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

D E Coffee & Tea Australia Pty Ltd
(AG2015/2987)

D. E COFFEY& TEA AUSTRALIA KINGSGROVE ROASTERY ENTERPRISE AGREEMENT 2015 - 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 JUNE 2015

Application for approval of the D.E Coffee & Tea Australia Kingsgrove Roastery Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the D.E Coffee & Tea Australia Kingsgrove Roastery Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 National Union of Workers, 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. In accordance with s.54(1) it will operate from 3 July 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

D E Coffee & Tea Australia Pty Ltd applied for the Fair Work Commission's approval of the D.E Coffee & Tea Australia Kingsgrove Roastery Enterprise Agreement 2015-2017. The application was made on the basis that the agreement met the criteria for registration under section 231 of the Fair Work Act 2009. The dispute centred around whether the agreement was a genuine enterprise agreement and whether the required process for its negotiation, preparation, and approval was followed.

The primary legal issues before the Commission were whether the agreement was indeed a genuine enterprise agreement as defined under the Fair Work Act, and if the necessary procedural steps were adhered to during its negotiation, preparation, and approval. The Commission examined the evidence and submissions from both parties to determine if the agreement satisfied the statutory requirements, including whether it was made by a bargaining representative of the employees and whether it complied with the Act's provisions concerning fair and genuine agreements.

In its decision, the Fair Work Commission determined that the D.E Coffee & Tea Australia Kingsgrove Roastery Enterprise Agreement 2015-2017 met the statutory criteria for a genuine enterprise agreement. The Commission was satisfied that the agreement had been fairly negotiated and that the necessary procedures were followed in its preparation and approval. The evidence presented demonstrated that the agreement was made in good faith and that it contained terms and conditions that were fair and reasonable. The Commission approved the agreement, finding it to be compliant with the requirements of the Fair Work Act.

The Fair Work Commission's approval of the enterprise agreement ensures that it will be registered and enforceable under the Act, providing a framework for the employment terms and conditions of the employees covered by the agreement. The decision confirms the validity of the agreement and its compliance with the legal standards set out in the Fair Work Act.

D E Coffee & Tea Australia 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