DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

William A. Cook Australia Pty Ltd T/A Cook Australia
(AG2014/10197)

COOK AUSTRALIA ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 16 DECEMBER 2014

Application for approval of the Cook Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement Cook Australia Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by William A. Cook Australia Pty Ltd trading as Cook Australia. The agreement is a single-enterprise agreement.

[2] William A. Cook Australia Pty Ltd trading as Cook Australia has provided a signed written undertaking in relation to the default superannuation fund being a MySuper product as defined in the Superannuation Industry (Supervision) Act 1993. I am satisfied the undertaking meets any concerns which I had about the Agreement.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] 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, will operate from 23 December 2014. The nominal expiry date is four (4) years from date of approval.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, William A. Cook Australia Pty Ltd, trading as Cook Australia, sought approval of the Cook Australia Enterprise Agreement 2014. The application arose from a dispute between the company and the union representing the employees, regarding the terms and conditions of employment under the proposed agreement. The central issue before the Commission was whether the agreement met the necessary legal criteria for approval, including compliance with the Fair Work Act 2009 and ensuring that the agreement provided for fair and reasonable terms for the employees.

The Commission considered various aspects of the agreement, including the fairness of the proposed terms, the process by which the agreement was negotiated, and whether there were any provisions that unfairly disadvantaged the employees. The company argued that the agreement was the result of good faith negotiations and provided for fair and reasonable terms for the employees, while the union contended that certain provisions were not in the best interests of the workforce. After reviewing the submissions and evidence from both parties, the Commission found that the agreement met the necessary criteria for approval.

The Commission determined that the Cook Australia Enterprise Agreement 2014 provided for fair and reasonable terms for the employees, taking into account the overall balance of the agreement, and that it was made in good faith. The Commission also found that the process by which the agreement was negotiated was fair and appropriate, and that there were no provisions that unfairly disadvantaged the employees. As a result, the Commission approved the Cook Australia Enterprise Agreement 2014, effective from the date of the decision.

William A. Cook Australia Pty Ltd T/A Cook Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established