C.E.M Alliance Pty Ltd

[2013] FWCA 7772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

C.E.M Alliance Pty Ltd
(AG2013/2429)

C.E.M. ALLIANCE PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 4 OCTOBER 2013

Application for approval of the C.E.M. ALLIANCE Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the C.E.M. ALLIANCE Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[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, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved C.E.M Alliance Pty Ltd, who sought approval of their Enterprise Agreement 2013. The application was heard by the Fair Work Commission, Australia's workplace relations tribunal. The dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and if it provided for fair and reasonable terms and conditions of employment.

The key legal issues the Commission had to resolve were whether the agreement adequately covered all mandatory terms, if it was genuinely bargained between the employer and the employees, and if the agreement provided for fair and reasonable terms. The Commission needed to ensure that the agreement did not unfairly disadvantage any employee and that it met the criteria for approval under the Act.

In its reasoning, the Commission first examined the coverage of the agreement, finding that it appropriately included all relevant employees. It then assessed the negotiation process and concluded that the agreement was genuinely bargained. The Commission also scrutinised the terms and conditions, confirming that they were fair and reasonable. Given these findings, the Commission approved the application, deeming the agreement to comply with the statutory requirements.

The final orders included the approval of the Enterprise Agreement 2013, subject to the terms and conditions outlined in the agreement. The approval was contingent upon the employer adhering to the provisions of the agreement, ensuring that it was implemented as intended. The decision was communicated to both parties, marking the resolution of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established