DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Manufacture Pty Ltd T/A CBros Physical Security
(AG2018/5563)

CBROS PHYSICAL SECURITY ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 29 MARCH 2019

Application for approval of the Cbros Physical Security Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CBros Physical Security Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ARA Manufacture Pty Ltd T/A CBros Physical Security. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2019. The nominal expiry date of the Agreement is 4 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, ARA Manufacture Pty Ltd, trading as CBros Physical Security, applied for the approval of the CBros Physical Security Enterprise Agreement 2018. The application was brought under the Fair Work Act 2009, seeking to have the agreement made directly applicable to the employees covered by it, rather than waiting for the employees to vote on its approval. The legal issues before the Commission were whether the agreement met the requirements for direct applicability under the Fair Work Act, and if so, whether it was in the best interests of the employees to have the agreement directly applied.

The Commission considered whether the agreement was a simple, clear and easy to understand document, as required by the Act. The Commission found that the agreement was written in clear and simple language and contained all the necessary terms and conditions of employment. The Commission also considered whether the agreement provided for fair and reasonable terms and conditions of employment, including appropriate minimum rates of pay, leave entitlements and other benefits. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees to have the agreement directly applied.

Accordingly, the Commission approved the CBros Physical Security Enterprise Agreement 2018 for direct application, with the approval taking effect from the date of the decision. The decision was made in the interest of promoting the efficient and effective operation of the workplace and avoiding unnecessary delays in the implementation of the agreement. The decision also recognised the importance of protecting the rights of employees and ensuring that they are provided with fair and reasonable terms and conditions of employment.

ARA Manufacture Pty Ltd T/A CBros Physical Security

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established