ARA Manufacture Pty Ltd T/A CBros Physical Security

Case [2014] FWCA 5828


[2014] FWCA 5828
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

ARA Manufacture Pty Ltd T/A CBros Physical Security
(AG2014/6593)

CBROS PHYSICAL SECURITY ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries

COMMISSIONER RYAN

MELBOURNE, 22 AUGUST 2014

Application for approval of the CBros Physical Security Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CBros Physical Security Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by ARA Manufacture Pty Ltd T/A CBros Physical Security. The agreement is a single-enterprise agreement.

[2] The Applicant has provided undertakings 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] Subject to these 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.

[4] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement and is appended at Appendix B.

[5] The Agreement is approved and, in accordance with s.54(1), will operate 29 August 2014. The nominal expiry date of the Agreement is 28 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE409761  PR554642>

APPENDIX A

APPENDIX B

Details
AGLC
ARA Manufacture Pty Ltd T/A CBros Physical Security [2014] FWCA 5828
Case
[2014] FWCA 5828
Decision Date

CaseChat Overview and Summary

ARA Manufacture Pty Ltd, trading as CBros Physical Security, applied to the Fair Work Commission for approval of the CBros Physical Security Enterprise Agreement 2014. The matter was heard in the Commission's Melbourne registry. The application concerned the terms and conditions of employment for the employees of CBros Physical Security, a provider of physical security services.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for a minimum rate of pay, entitlements, and other conditions of employment that were no less favourable than the applicable award or safety net award. The Commission also needed to determine if the agreement was made in good faith and whether it was appropriately certified by an independent certifier.

The Fair Work Commission found that the agreement was made in good faith and was appropriately certified. The Commission approved the agreement, noting that it provided for a minimum rate of pay and other conditions of employment that were no less favourable than the applicable award. The Commission was satisfied that the agreement met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the CBros Physical Security Enterprise Agreement 2014, effective from 1 July 2014. The Commission found that the agreement provided for a minimum rate of pay and other conditions of employment that were no less favourable than the applicable award. The Commission was satisfied that the agreement was made in good faith and was appropriately certified.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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