DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Golden Cockerel Pty Ltd
(AG2015/5131)

GOLDEN COCKEREL PTY LTD MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 OCTOBER 2015

Application for approval of the Golden Cockerel Pty Ltd Maintenance Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Golden Cockerel Pty Ltd Maintenance Employees 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 Golden Cockerel 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 19 October 2015 and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date of the Agreement is 31 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter in Golden Cockerel Pty Ltd was heard in the Fair Work Commission. The applicant, Golden Cockerel Pty Ltd, sought approval of the Maintenance Employees Enterprise Agreement 2015. The applicant contended that the agreement had been fairly negotiated and met the requirements of the Fair Work Act 2009. The dispute arose from objections raised by certain employees, who argued that the agreement did not adequately protect their interests.

The central legal issues before the Commission were whether the agreement had been genuinely bargained for and whether it contained the minimum terms and conditions as required by the Fair Work Act. Specifically, the Commission had to consider if the agreement was negotiated in good faith and if it included the necessary minimum standards for pay, conditions, and dispute resolution mechanisms. The Commission also needed to assess if the agreement was in the best interests of the employees and whether any objections raised were valid.

In delivering its decision, the Commission found that the agreement had indeed been negotiated in good faith and met the statutory requirements. The Commission was satisfied that the process of negotiation was fair and that the agreement contained all the minimum terms and conditions stipulated by the Fair Work Act. The objections raised by some employees were considered, but the Commission determined that they did not undermine the overall fairness of the agreement. Consequently, the Commission approved the Maintenance Employees Enterprise Agreement 2015.

The Fair Work Commission approved the Maintenance Employees Enterprise Agreement 2015, finding it to be fairly negotiated and compliant with the statutory requirements. The objections raised by some employees did not sufficiently challenge the overall fairness and validity of the agreement. The Commission's decision ensures that the agreement remains in effect, providing a framework for the employment conditions of the maintenance employees within Golden Cockerel Pty Ltd.

Golden Cockerel 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