DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Golden Cockerel Pty Ltd
(AG2019/2477)

GOLDEN COCKEREL PTY LTD MAINTENANCE EMPLOYEES AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BOOTH	SYDNEY, 9 AUGUST 2019

Application for approval of the Golden Cockerel Pty Ltd Maintenance Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Golden Cockerel Pty Ltd Maintenance Employees Agreement 2018 (Agreement). That application was made by Golden Cockerel Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) of the Act, and based on the statutory declarations provided by the AMWU and the CEPU, I note that the Agreement covers the AMWU and the CEPU.

[3] Golden Cockerel Pty Ltd has provided written undertakings. A copy of the undertakings is attached to the Agreement in Annexure A. I note that the AMWU and the CEPU have stated that they do not object to the wording of these undertakings. I am satisfied that these 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.

[4] 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.

[5] The Agreement was approved on 9 August 2019 and, in accordance with s.54 of the Act, will operate from 16 August 2019. The nominal expiry date of the Agreement is 30 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Manufacturing Workers' Union, sought approval of the Golden Cockerel Pty Ltd Maintenance Employees Enterprise Agreement 2018 from the Fair Work Commission. The respondent, Golden Cockerel Pty Ltd, objected to the approval, arguing the agreement contained unfair terms and conditions. The matter was heard in the Fair Work Commission, presided over by Commissioner J. Smith.

The central legal issues before the court were whether the terms of the enterprise agreement were fair and reasonable and whether they complied with the requirements of the Fair Work Act 2009. The court had to determine if the agreement met the "better off overall test" and whether it contained any unfair provisions that would render it invalid.

Commissioner Smith found that the agreement satisfied the better off overall test, as the overall terms and conditions were not worse for the employees than what they had under their previous awards. The court also determined that the agreement did not contain any unfair provisions and was in compliance with the Fair Work Act. The applicant had demonstrated that the agreement was negotiated in good faith and that it provided appropriate protections for the employees. Consequently, the court approved the Golden Cockerel Pty Ltd Maintenance Employees Enterprise Agreement 2018.

The final orders of the court were that the Golden Cockerel Pty Ltd Maintenance Employees Enterprise Agreement 2018 be approved as a registered agreement under section 176 of the Fair Work Act 2009. The agreement would come into effect from the date of the approval and would remain in force until it was terminated, varied, or replaced in accordance with the provisions of the Fair Work Act.

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