DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CBM Australia
(AG2015/1888)

CBM AUSTRALIA GENERAL ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 7 APRIL 2015

Application for approval of the CBM Australia General Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CBM Australia General Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CBM Australia. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clause 30.1 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

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

[4] The Agreement was approved in Chambers on 7 April 2015 and, in accordance with s.54 of the Act, will operate from 14 April 2015. The nominal expiry date of the Agreement is 13 April 2019.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, CBM Australia, represented by the employer, sought approval of the CBM Australia General Enterprise Agreement 2014. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment, including wages, hours of work, and other workplace matters, as outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the criteria set forth in the Act for approval of an enterprise agreement. Specifically, the Commission needed to consider whether the agreement was made in good faith, whether it covered employees and employers correctly, and whether it provided for proper mechanisms for the resolution of disputes. Additionally, the Commission had to assess if the agreement met the minimum safety net entitlements as prescribed by the Act.

The Commission found that the proposed agreement was made in good faith and met all the statutory requirements for approval. It correctly identified the employees and employers, provided for adequate mechanisms for the resolution of disputes, and ensured that the minimum safety net entitlements were not adversely affected. The Commission was satisfied that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the CBM Australia General Enterprise Agreement 2014.

As a result of the Commission's decision, the CBM Australia General Enterprise Agreement 2014 was approved and will govern the terms and conditions of employment for the relevant employees. The agreement will now be registered with the Fair Work Commission, and its provisions will become legally binding on the parties involved.

CBM Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established