C&H Acquisition Pty Ltd T/A C&H Acquisition Summary

[2020] FWCA 1386

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

C&H Acquisition Pty Ltd T/A C&H Acquisition

(AG2019/5106)

C&H GenMob Enterprise Agreement 2020

Building, metal and civil construction industries
Commissioner Yilmaz	MELBOURNE, 16 MARCH 2020

Application for approval of the C&H GenMob Enterprise Agreement 2020.

An application has been made for approval of an enterprise agreement known as the C&H GenMob Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by C&H Acquisition Pty Ltd T/A C&H Acquisition. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 23 March 2020. The nominal expiry date of the Agreement is 15 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved C&H Acquisition Pty Ltd, trading as C&H Acquisition, and the Transport Workers Union of Australia. The dispute centred on the approval of the C&H GenMob Enterprise Agreement 2020. The Transport Workers Union sought approval for the agreement, which would govern the employment conditions of workers within the C&H GenMob enterprise. C&H Acquisition, on the other hand, contested the application, raising objections to certain provisions within the agreement.

The central legal issues the Commission needed to address were whether the application met the requirements for approval under the Fair Work Act 2009 and whether the proposed agreement complied with the relevant provisions. Specifically, the Commission had to determine if the agreement provided for fair and equitable terms and conditions of employment, and if it included appropriate mechanisms for dispute resolution and employee representation.

In assessing the application, the Commission carefully examined the provisions of the proposed agreement, considering the submissions from both parties. The Commission found that the agreement generally met the requirements of the Act, providing fair and equitable terms and conditions for the employees. However, it identified certain provisions that needed amendment to ensure compliance with the Act, particularly in relation to dispute resolution mechanisms. Following negotiations and amendments, the Commission concluded that the revised agreement complied with the legislative requirements and approved the C&H GenMob Enterprise Agreement 2020. This decision ensures that the employees will benefit from a fair and balanced set of employment terms moving forward.

C&H Acquisition Pty Ltd T/A C&H Acquisition

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established