DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wagner CFT Manufacturing Pty Ltd
(AG2015/5048)

WAGNERS CFT MANUFACTURING PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 20 OCTOBER 2015

Application for approval of the Wagners CFT Manufacturing Pty Ltd Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wagners CFT Manufacturing Pty Ltd Employee Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wagner CFT Manufacturing Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement was approved on 20 October 2015 and, in accordance with s.54, will operate from 27 October 2015. The nominal expiry date of the Agreement is 20 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wagner CFT Manufacturing Pty Ltd was the subject of an application for the approval of the Employee Enterprise Agreement 2015. The application was lodged with the Fair Work Commission, which was required to determine whether the agreement was appropriate for endorsement. The Wagners, represented by their employer, sought to have the agreement approved, while the employees, represented by their union, contested the application.

The primary legal issue the Commission had to address was whether the terms of the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. This involved assessing the agreement's conformity with the provisions regarding the terms and conditions of employment, including minimum rates of pay, penalty rates, and other entitlements. Additionally, the Commission needed to consider whether the agreement met the statutory obligations concerning genuine bargaining and the inclusion of dispute resolution processes.

In its decision, the Commission carefully examined the terms of the agreement and the evidence provided by both parties. The Commission noted that the agreement provided for appropriate minimum rates of pay and included provisions for penalty rates and other entitlements that aligned with the legal standards. Furthermore, the Commission found that the bargaining process was genuine, as evidenced by the submissions and the content of the agreement. Based on these findings, the Commission concluded that the proposed enterprise agreement was compliant with the relevant statutory requirements. Consequently, the Commission approved the Employee Enterprise Agreement 2015.

The Fair Work Commission approved the Employee Enterprise Agreement 2015, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on both the employer and the employees, providing a clear framework for their employment relationship.

Wagner CFT Manufacturing 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