DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brian Restall
(AG2015/7159)

CBM ENTERPRISE AGREEMENT

Electrical power industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 5 JANUARY 2016

Application for approval of the CBM Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the CBM Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 12 January 2016. The nominal expiry date of the Agreement is 5 January 2020.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brian Restall, an employee, has applied to the Fair Work Commission for approval of the CBM Enterprise Agreement. The agreement in question pertains to the employment terms and conditions for certain workers within the company. The dispute revolves around whether the agreement meets the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the court had to address included whether the agreement was genuinely negotiated, if it contained the necessary minimum entitlements, and whether it adhered to the procedural requirements set forth in the Fair Work Act. A significant aspect of the case was whether the agreement appropriately balanced the interests of both employees and employers, as mandated by the legislation. The court also examined if the agreement was free from any unlawful content and if the process of negotiation was fair and appropriate.

The court found that the CBM Enterprise Agreement was genuinely negotiated and contained all the minimum entitlements required by law. It was determined that the agreement was procedurally sound and appropriately balanced the interests of the employees and employers. The court was satisfied that the agreement was free from any unlawful content and that the negotiation process was fair. Consequently, the Fair Work Commission approved the agreement, recognising its compliance with the statutory requirements and its fairness in terms of the negotiated terms and conditions.

The final orders of the court were that the CBM Enterprise Agreement be approved and registered under the Fair Work Act 2009. This decision ensures that the agreement can now be implemented as the governing document for the employment terms and conditions of the relevant workers within the company.

Brian Restall

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established