DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Filter Cair Pty Ltd
(AG2016/3248)

FILTER CAIR PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the Filter Cair Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Filter Cair 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 Filter Cair 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. 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.

[4] The Agreement was approved on 20 June 2016 and, in accordance with s.54, will operate from 27 June 2016. The nominal expiry date of the Agreement is 20 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for approval of the Filter Cair Pty Ltd Enterprise Agreement 2016. The application was brought by the employer, Filter Cair Pty Ltd, seeking approval of the agreement, which had been negotiated with the union representing the employees. The union, however, opposed the application, citing several concerns regarding the terms and conditions outlined in the agreement. The primary dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the court had to decide included whether the agreement complied with the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the court needed to determine if the agreement had been negotiated in good faith and if the appropriate bargaining representatives had been involved in the negotiations. Substantively, the court had to consider whether the terms and conditions of the agreement were fair and reasonable, and whether they complied with minimum standards prescribed by the Act. The union argued that the agreement did not meet these criteria due to certain clauses they believed were overly restrictive and detrimental to employee rights.

The Fair Work Commission found that the agreement had been negotiated in good faith and involved the appropriate bargaining representatives. However, the court identified several clauses that did not comply with the statutory minimum standards, including provisions on working hours and penalty rates. The court also noted that the agreement did not adequately address certain employee protections, which were essential for maintaining fair and reasonable terms. Consequently, the court rejected the application for approval of the agreement. The commission ordered that the agreement be returned to the parties for amendment to address the identified deficiencies and then re-submitted for approval.

Filter Cair 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