DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CBM Australia
(AG2015/1889)

CBM AUSTRALIA ADMINISTRATIVE SERVICES TEAM ENTERPRISE AGREEMENT 2014

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

Application for approval of the CBM Australia Administrative Services Team Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CBM Australia Administrative Services Team 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 31.1 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

The case before the Fair Work Commission involved an application for the approval of the CBM Australia Administrative Services Team Enterprise Agreement 2014. The applicant, CBM Australia, sought to have the agreement approved, while the respondents, a group of employees represented by the Shop, Distributive and Allied Employees' Association, raised several objections. The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement adequately provided for the employees' minimum entitlements, including rates of pay, leave provisions, and other conditions of employment. The respondents argued that the agreement did not sufficiently protect employees' rights and failed to meet the statutory requirements for approval. CBM Australia contended that the agreement was fair and reasonable, and it complied with all necessary legislative standards.

The Commission examined the agreement in detail, assessing its provisions against the criteria set out in the Fair Work Act. It considered the fairness of the agreement's terms and the adequacy of the protections it offered to employees. After evaluating the evidence and arguments presented by both parties, the Commission found that the agreement did not adequately address certain minimum entitlements, such as provisions for shift differentials and meal breaks. The Commission concluded that the agreement did not meet the legal requirements for approval.

As a result, the Commission did not approve the CBM Australia Administrative Services Team Enterprise Agreement 2014. The agreement was returned to the parties for further negotiation and amendment to address the deficiencies identified by the Commission.

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