Cace Solutions Pty Ltd T/A C.A.C.E Services Summary

[2019] FWCA 786

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Cace Solutions Pty Ltd T/A C.A.C.E Services

(AG2018/4644)

C.A.C.E Services Enterprise Agreement 2018 - 2022

Electrical contracting industry
Commissioner Wilson	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the C.A.C.E Services Enterprise Agreement 2018 - 2022.

An application has been made for approval of an enterprise agreement known as the C.A.C.E Services Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cace Solutions Pty Ltd T/A C.A.C.E Services. 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.

Subject to the undertakings referred to above, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2019. The nominal expiry date of the Agreement is 8 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Cace Solutions Pty Ltd trading as C.A.C.E Services, sought approval of the C.A.C.E Services Enterprise Agreement 2018 - 2022 from the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009. The legal issues before the Commission involved whether the agreement was made in good faith and whether it provided for the terms and conditions of employment of the employees covered by the agreement.

The Commission found that the agreement was made in good faith and that it provided for the terms and conditions of employment of the employees. The Commission noted that the agreement had been negotiated between the parties over a period of time and that it contained a wide range of terms and conditions that were appropriate for the employees covered by the agreement. The Commission also noted that the agreement provided for a number of protections for employees, including provisions for redundancy pay, leave entitlements, and dispute resolution mechanisms.

The Fair Work Commission approved the C.A.C.E Services Enterprise Agreement 2018 - 2022. The Commission found that the agreement was in the best interests of the employees and that it provided for their terms and conditions of employment. The Commission also found that the agreement was made in good faith and that it contained appropriate protections for employees.

The final orders of the Commission were that the C.A.C.E Services Enterprise Agreement 2018 - 2022 be approved as a registered agreement under section 176 of the Fair Work Act 2009. The agreement was to be registered on the Register of Registered Agreements maintained by the Fair Work Commission.

Cace Solutions Pty Ltd T/A C.A.C.E Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established