Golden Cockerel Pty Ltd Summary

[2013] FWCA 2138

FAIR WORK COMMISSION

DECISION

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

Golden Cockerel Pty Ltd
(AG2013/5684)

GOLDEN COCKEREL PTY LTD AND MAINTENANCE EMPLOYEE COLLECTIVE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2013

Application for approval of the Golden Cockerel Pty Ltd and Maintenance Employee Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Golden Cockerel Pty Ltd and Maintenance Employee Collective Agreement 2012 (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] 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) 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) I note that the Agreement covers the CEPU and AMWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2013. The nominal expiry date of the Agreement is 31 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Golden Cockerel Pty Ltd sought approval of the Golden Cockerel Pty Ltd and Maintenance Employee Collective Agreement 2012. The dispute arose between the employer and the union representing the employees, regarding the terms and conditions of employment as outlined in the proposed agreement. The primary issues the Commission was required to determine were whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it contained all the mandatory terms and if it complied with the ‘better off overall test’. The Commission also needed to assess if the agreement was made in good faith and if it adhered to the principles of enterprise bargaining.

The Commission began by examining the proposed agreement to ensure it contained all the mandatory terms, which included provisions for minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment. It was determined that the agreement did indeed include all these elements. The next step was to apply the ‘better off overall test’, which required the Commission to ascertain whether the employees would be better off financially and in terms of other conditions if the agreement was accepted compared to their existing conditions without it. The Commission found that the employees would indeed benefit from the terms of the agreement, thus satisfying this requirement. The Commission also assessed the process of negotiation and concluded that the agreement was made in good faith, meeting the statutory requirements for approval.

Given the findings that the agreement contained all the mandatory terms, passed the ‘better off overall test’, and was made in good faith, the Commission approved the Golden Cockerel Pty Ltd and Maintenance Employee Collective Agreement 2012. This approval was effective from the date of the decision and applied to all employees covered by the agreement. The terms of the agreement would now govern the employment conditions of the employees for the duration specified within the agreement.

Golden Cockerel Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established