CCW Cabinet Works Pty Ltd

[2013] FWCA 3630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CCW Cabinet Works Pty Ltd
(AG2013/1184)

CCW CABINET WORKS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 6 JUNE 2013

Application for approval of the CCW Cabinet Works Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 15 May 2013 by CCW Cabinet Works Pty Ltd for the approval of a single-enterprise agreement known as the CCW Cabinet Works Enterprise Agreement 2013 (“the Agreement”).

[2] On 5 June 2013 the Employer provided 2 undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms 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 Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CCW Cabinet Works Pty Ltd recently came before the Fair Work Commission in an application for the approval of the CCW Cabinet Works Enterprise Agreement 2013. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The application was brought by the employer, CCW Cabinet Works Pty Ltd, and the agreement sought to establish the terms and conditions of employment for the company’s employees.

The legal issues that the Commission was required to decide included whether the agreement provided for the minimum entitlements set out in the relevant modern awards, and whether it contained provisions that were contrary to the objectives of the Fair Work Act. Additionally, the Commission needed to assess whether the agreement had been genuinely negotiated between the employer and the employees and whether it provided for an effective mechanism for resolving disputes. The fairness and practicality of the agreement’s provisions were also scrutinized.

The Commission found that the agreement met the necessary standards for approval. It determined that the agreement provided for all the minimum entitlements required by the applicable modern awards and did not contain any provisions that were contrary to the objectives of the Fair Work Act. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and provided for an effective mechanism for resolving disputes. Furthermore, the agreement was deemed to be fair and practical in its provisions. Based on these findings, the Commission approved the CCW Cabinet Works Enterprise Agreement 2013.

In light of the approval, the Fair Work Commission issued an order approving the agreement, which will now apply to the employees of CCW Cabinet Works Pty Ltd. The employer and the employees are bound by the terms and conditions set out in the approved agreement, which will govern their employment relationship going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established