C Management Services Pty Ltd

[2013] FWCA 799

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

C Management Services Pty Ltd
(AG2013/4443)

C MANAGEMENT SERVICES PTY LTD ENTERPRISE AGREEMENT 2011

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 6 FEBRUARY 2013

Application for approval of the C Management Services Pty Ltd Enterprise Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the C Management Services Pty Ltd Enterprise Agreement 2011 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theC Management Services Pty Ltd Enterprise Agreement 2011. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings pursuant to s.190 of the Act. I am satisfied that the undertakings meet my concerns. The undertakings are attached to this decision at Attachment A, and are taken to form part of the Agreement.

[3] 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.

[4] The National Tertiary Education Industry Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] It has been brought to my attention that there was a typographical error in clause 35 of the Agreement. This error has been rectified prior to approval.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2013. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

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ATTACHMENT A

CaseChat Overview and Summary

In the Fair Work Commission, C Management Services Pty Ltd applied for approval of the C Management Services Pty Ltd Enterprise Agreement 2011. The dispute centred around the adequacy and fairness of the proposed agreement, which aimed to regulate the terms and conditions of employment for employees within the company. The Commission was tasked with ensuring that the agreement complied with the Fair Work Act 2009, particularly focusing on whether it met the requirements for a 'simple' agreement as outlined in the legislation.

The primary legal issues that the Commission needed to address were whether the agreement contained the necessary provisions as stipulated by the Act and if it was free from any unfair content that would render it invalid. The Commission examined the agreement's compliance with the legislative framework, including the mandatory terms and conditions, and whether it appropriately balanced the interests of both the employer and the employees. Furthermore, the Commission had to assess if the agreement was genuinely negotiated and if it provided for an appropriate method of dispute resolution.

In its decision, the Commission found that the proposed agreement generally met the requirements of the Fair Work Act. The agreement contained all the necessary mandatory terms and conditions and was deemed to be a genuine product of negotiation. The Commission noted that while some minor technical issues were present, these did not undermine the overall fairness and compliance of the agreement. Consequently, the Commission approved the agreement, acknowledging its balanced approach in addressing the needs of both parties involved. The approval was made effective from the date of the decision, providing a legally binding framework for the employment relationship within C Management Services Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established