The Trustee of Razer Unit Trust Summary

[2014] FWCA 2209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee of Razer Unit Trust
(AG2014/646)

CQMS RAZER - TOMAGO ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 4 APRIL 2014

Application for approval of the CQMS Razer - Tomago Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the CQMS Razer - Tomago Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee of Razer Unit Trust. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 April 2014. The nominal expiry date of the Agreement is 19 October 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the trustee of the Razer Unit Trust to approve the CQMS Razer-Tomago Enterprise Agreement 2013-2016. The dispute centred around the terms and conditions of employment for the workers covered by the agreement, and the application for its approval by the Fair Work Commission.

The key legal issues the court had to address were whether the enterprise agreement was made in good faith and in accordance with the relevant provisions of the Fair Work Act 2009. The court also had to consider whether the agreement met the requirements for registration, including whether it was free from prohibited content, and whether it provided for proper dispute resolution mechanisms. Additionally, the court needed to determine whether the agreement was likely to achieve its stated objectives of providing fair and reasonable terms of employment for the workers.

The Fair Work Commission found that the enterprise agreement was made in good faith and in accordance with the relevant provisions of the Fair Work Act. The court was satisfied that the agreement met all the requirements for registration and was free from prohibited content. The court also found that the agreement provided for proper dispute resolution mechanisms and was likely to achieve its stated objectives. The court noted that the agreement provided for a fair and reasonable terms of employment for the workers covered by it, and that it was in the best interests of the workers and the employer. The court approved the enterprise agreement and made the necessary orders for its registration.

The final orders of the court were that the CQMS Razer-Tomago Enterprise Agreement 2013-2016 be approved and registered, and that the trustee of the Razer Unit Trust be authorised to give effect to the agreement on behalf of the workers covered by it. The court also ordered that the agreement be published on the Fair Work Commission's website, and that a copy of the agreement be provided to the employer and the workers. The court's decision provided certainty and clarity for the parties involved in the dispute, and ensured that the workers covered by the agreement would receive fair and reasonable terms of employment.

The Trustee of Razer Unit Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established