[2019] FWCA 224

DECISION

Fair Work Act 2009

s.185—Enterprise agreementCaterpillar of Australia Pty Ltd T/A Caterpillar of Australia Pty Ltd
(AG2018/5129)

CATERPILLAR OF AUSTRALIA PTY LTD MELBOURNE DISTRIBUTION CENTRE AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

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COMMISSIONER CIRKOVIC	MELBOURNE, 16 JANUARY 2019

Application for approval of the Caterpillar of Australia Pty Ltd Melbourne Distribution Centre and National Union of Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Caterpillar of Australia Pty Ltd Melbourne Distribution Centre and National Union of Workers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Caterpillar of Australia Pty Ltd T/A Caterpillar of Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[1] 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.

[3] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 16 January 2019 and, in accordance with s.54, will operate from 23 January 2019. The nominal expiry date of the Agreement is 24 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between Caterpillar of Australia Pty Ltd and the National Union of Workers for employees at the Melbourne Distribution Centre. The application was brought under section 185 of the Fair Work Act 2009, and the court was tasked with determining whether the agreement met the legal criteria for approval. The parties in the dispute were Caterpillar of Australia Pty Ltd, trading as Caterpillar of Australia Pty Ltd, and the National Union of Workers.

The primary legal issues before the court were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically focusing on the provisions of section 185. This included whether the agreement was made in good faith and whether it contained the necessary protections for employees, including minimum wage rates, reasonable hours of work, and other entitlements. Additionally, the court had to consider whether the agreement met the criteria for being a simplified enterprise agreement and whether it adhered to any relevant provisions regarding the resolution of disputes.

The court examined the enterprise agreement in detail, considering the submissions from both parties. It assessed whether the agreement was genuinely negotiated and whether it provided adequate protections for employees. The court found that the agreement met the requirements for approval under section 185 of the Fair Work Act 2009. The agreement was deemed to be made in good faith, contained necessary protections for employees, and adhered to the relevant provisions of the Act. As a result, the court approved the enterprise agreement.

The final orders of the court were that the Caterpillar of Australia Pty Ltd Melbourne Distribution Centre and National Union of Workers Enterprise Agreement 2018 be approved under section 185 of the Fair Work Act 2009. The agreement was found to be valid and binding, and the court's approval was granted, allowing it to take effect as per its terms.

s.185—Enterprise agreementCaterpillar of Australia Pty Ltd T/A Caterpillar of Australia 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