DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Favcote Pty Ltd
(AG2016/6364)

FAVCOTE PTY LIMITED ENTERPRISE AGREEMENT 2016-2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 OCTOBER 2016

Application for approval of the Favcote Pty Limited Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Favcote Pty Limited Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Favcote Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 19 October 2016 and, in accordance with s.54, will operate from 26 October 2016. The nominal expiry date of the Agreement is 19 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Favcote Pty Ltd was the applicant before the Fair Work Commission in this matter, seeking approval of the Favcote Pty Limited Enterprise Agreement 2016-2020. The dispute centred around the specifics of the proposed agreement and whether it complied with the necessary legal standards under the Fair Work Act 2009. The Fair Work Commission was tasked with examining the agreement to determine if it met the requirements for approval.

The primary legal issues revolved around whether the agreement adhered to the provisions of the Fair Work Act, particularly in relation to the requirements for enterprise agreements, such as the coverage of the agreement, the nature of the bargaining, and whether the agreement provided for fair terms and conditions. The Commission had to consider if the agreement was genuinely negotiated and if it ensured that employees were not disadvantaged.

In reaching its decision, the Commission evaluated the evidence provided by the applicant and other stakeholders. The Commission found that the agreement had been genuinely negotiated and met the statutory requirements for approval. It was determined that the agreement was fair and balanced, providing for appropriate terms and conditions that complied with the Fair Work Act. The Commission approved the agreement, recognising its compliance with the necessary legal standards.

The final orders of the Commission were that the Favcote Pty Limited Enterprise Agreement 2016-2020 be approved and registered under the Fair Work Act. The agreement was to come into effect as of the date of the approval, ensuring that the terms and conditions it contained would govern the employment relationship between the parties for the specified period.

Favcote 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