DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CDC Victoria Pty Ltd T/A CDC Victoria
(AG2019/2522)

CDC VICTORIA MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2019 - 2023

Vehicle industry
COMMISSIONER WILSON	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the CDC Victoria Maintenance Services Enterprise Agreement 2019- 2023.

[1] An application has been made for approval of an enterprise agreement known as the CDC Victoria Maintenance Services Enterprise Agreement 2019- 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CDC Victoria Pty Ltd T/A CDC Victoria. The seven employers are single interest employers as they carry on similar business activities under the franchise for the purposes of s.172(5)(a) of the Act. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of CDC Victoria Pty Ltd trading as CDC Victoria, the Fair Work Commission (FWC) was asked to approve the CDC Victoria Maintenance Services Enterprise Agreement 2019-2023. The application was made by CDC Victoria, and the Australian Council of Trade Unions (ACTU) and the National Union of Workers (NUW) intervened in the proceedings. The dispute centred on the fairness and appropriateness of the terms and conditions outlined in the proposed agreement, particularly in relation to employee entitlements and working conditions.

The primary legal issues the FWC had to address were whether the agreement met the statutory requirements for fairness and if it provided for the minimum entitlements mandated by law. This involved scrutinising various provisions of the agreement, including those concerning pay rates, leave entitlements, penalty rates, and the definition of key roles and responsibilities within the maintenance services sector. The FWC also had to consider submissions from all parties involved, including arguments regarding the economic context and the impact of the proposed agreement on employees and the employer.

The FWC examined the provisions of the agreement in detail, assessing them against the criteria set out in the Fair Work Act 2009. The Commission found that while the agreement contained some terms that were not entirely fair, it did not contravene the statutory requirements for minimum entitlements. The FWC made certain adjustments to the agreement, particularly in relation to pay rates and conditions, to ensure they met the standards of procedural and substantive fairness. Ultimately, the FWC approved the agreement with modifications, finding it to be appropriate for the workforce and compliant with legislative standards.

The final orders included the approval of the CDC Victoria Maintenance Services Enterprise Agreement 2019-2023, subject to the modifications made by the FWC. The agreement was to be implemented with the changes incorporated, ensuring that employees received fair and reasonable terms while allowing the employer to operate within a legally compliant framework. The FWC's decision balanced the interests of both employees and the employer, reflecting a thorough consideration of the evidence and submissions presented during the proceedings.

CDC Victoria Pty Ltd T/A CDC Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established