DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/10152)

CONTINENTAL PTY LTD AND AWU ENTERPRISE AGREEMENT 2015 - 2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 22 DECEMBER 2014

Application for approval of the Continental Pty Ltd and AWU Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Continental Pty Ltd and AWU Enterprise Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The Australian Workers’ Union. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, the views of The Australian Workers’ Union (AWU) have been sought with respect to these undertakings and the AWU has supported the undertakings as evidenced by its co-signing of the undertakings.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 29 December 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The Australian Workers’ Union sought approval of the Continental Pty Ltd and AWU Enterprise Agreement 2015 - 2017. The application was heard by the Fair Work Commission (FWC). The dispute arose from the terms of the proposed enterprise agreement, which aimed to govern the employment conditions of workers at Continental Pty Ltd. The Union argued that the agreement was necessary for the fair and equitable treatment of employees, while Continental Pty Ltd contested certain provisions, particularly those related to pay rates and conditions.

The primary legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for the fair and equitable treatment of employees. The FWC had to consider whether the agreement complied with the provisions of the Act, particularly regarding the terms of employment, and whether it was made in good faith. Additionally, the FWC needed to assess whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.

The FWC found that the agreement met the requirements of the Act and provided for fair and equitable treatment of employees. The Commission determined that the agreement was made in good faith and was in the best interests of the employees. The FWC noted that the agreement provided for reasonable terms and conditions of employment, including provisions for pay rates and conditions that were fair and reasonable. The FWC also found that the agreement did not unfairly disadvantage any party and provided for the protection of employees' rights and interests.

The FWC approved the Continental Pty Ltd and AWU Enterprise Agreement 2015 - 2017. The agreement was deemed to be compliant with the Fair Work Act 2009 and provided for fair and equitable treatment of employees. The FWC's decision was based on the evidence presented by both parties and the findings of the Commission regarding the terms and conditions of the agreement.

The Australian Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established