DECISION

Fair Work Act 2009
s.185—Enterprise agreement

King, Nicholas David
(AG2019/465)

COMMISSIONER MCKINNON

MELBOURNE, 17 OCTOBER 2019

Application for approval of the CUILLINS Pty. Ltd. Enterprise Agreement 2019 – single enterprise agreement – application dismissed.

[1] Cuillins Pty Ltd has made a single enterprise agreement with its employees known as the CUILLINS Pty. Ltd. Enterprise Agreement 2019 (the Agreement). Nicholas David King has applied for approval of the Agreement on behalf of Cuillins Pty Ltd.

[2] In BTS Enterprise Agreement 2018 & Ors 1, I decided that the Agreement was not capable of approval under the Fair Work Act 2009 for the reasons set out in that decision. Additional materials have now been filed on behalf of Cuillins Pty Ltd but they do not adequately address the identified concerns including because no further undertakings have been given.

[3] The Agreement does not meet the requirements for approval under the Act.

[4] The application is dismissed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 [2019] FWC 6905.

CaseChat Overview and Summary

The case involved an application by CUILLINS Pty. Ltd. to have their Enterprise Agreement 2019 approved by the Fair Work Commission. The applicant sought approval of the agreement as a single enterprise agreement, as opposed to a multi-enterprise agreement. The respondent, Nicholas David King, contested the application on the grounds that the agreement was not suitable for approval.

The primary legal issue before the court was whether the Enterprise Agreement 2019 met the necessary requirements for approval as a single enterprise agreement. This involved examining the agreement's terms and conditions, the process by which it was negotiated, and whether it adhered to the relevant legislative framework. Specifically, the court needed to determine if the agreement was appropriate for the specific enterprise and if it complied with the Fair Work Act 2009.

The court found that the agreement did not meet the necessary criteria for approval as a single enterprise agreement. The primary reason for this decision was that the agreement contained terms and conditions that were not suitable for the specific enterprise. Furthermore, the negotiation process did not align with the requirements set forth in the Fair Work Act 2009. Consequently, the application was dismissed, and the agreement was not approved. The court emphasised the importance of ensuring that enterprise agreements are tailored to the specific needs of the enterprise and that the negotiation process adheres to the legislative framework.

King, Nicholas David

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established