CC P&D (Aust) Pty Ltd Summary

[2021] FWCA 7162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CC P&D (Aust) Pty Ltd
(AG2021/8670)

CC P & D (AUST) PTY LTD ENTERPRISE AGREEMENT 2022 - 2025

Plumbing industry
COMMISSIONER HUNT	BRISBANE, 16 DECEMBER 2021

Application for approval of the CC P & D (Aust) Pty Ltd Enterprise Agreement 2022 - 2025

[1] CC P&D (Aust) Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the CC P & D (Aust) Pty Ltd Enterprise Agreement 2022 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The employee bargaining representatives all signed a document confirming that they agree with the undertaking provided.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2021. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The case of CC P&D (Aust) Pty Ltd involved the applicants seeking approval of the Enterprise Agreement 2022 - 2025, which was to be applied between the employer and the employees. The application was made to the Fair Work Commission, which is the body responsible for overseeing such agreements in Australia. The nature of the dispute centred on whether the agreement met all legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court were primarily concerned with the validity and fairness of the proposed agreement. Specifically, the court needed to determine whether the agreement complied with the provisions of the Fair Work Act, including whether it provided for appropriate minimum terms and conditions, and whether it had been negotiated in good faith. The court also had to assess whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

In examining these issues, the court reviewed the negotiation process and the content of the proposed agreement. It found that the agreement was the result of genuine and meaningful negotiations between the parties, and that it contained provisions that were fair and reasonable. The court was satisfied that the agreement provided for terms and conditions that met or exceeded the minimum standards set out in the relevant awards and that it did not undermine the rights of employees. Consequently, the court approved the agreement, finding that it met the statutory requirements for approval. The decision was based on the comprehensive evidence presented and the overall fairness of the agreement.

CC P&D (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established