Centrogen Ventures Pty Ltd T/A CBM Resources Victoria Summary

[2021] FWCA 6113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centrogen Ventures Pty Ltd T/A CBM Resources Victoria
(AG2021/7606)

CENTROGEN VENTURES PTY LTD T/A CBM RESOURCES VICTORIA & ETU POWERLINE ENTERPRISE AGREEMENT 2020-2023

Electrical power industry
COMMISSIONER CIRKOVIC	MELBOURNE, 5 OCTOBER 2021

Application for approval of the Centrogen Ventures Pty Ltd T/A CBM Resources Victoria & ETU Powerline Enterprise Agreement 2020-2023

[1] Centrogen Ventures Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Centrogen Ventures Pty Ltd T/A CBM Resources Victoria & ETU Powerline Enterprise Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 4 October 2021.

[3] On 4 October 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

● Chambers sought an amended agreement signature page containing the address of the employer signatory.

● As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the parties were notified that the model flexibility term is taken to be a term of the Agreement.

[4] The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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) of the Act I note that the Agreement covers this organisation.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, Centrogen Ventures Pty Ltd, trading as CBM Resources Victoria, applied for the approval of the Enterprise Agreement between itself and the Electrical Trades Union (Powerline Enterprise) for the period 2020-2023. The application was made under section 232 of the Fair Work Act 2009. The Electrical Trades Union contested the application on the grounds that the proposed agreement did not comply with the "no disadvantage" test as outlined in section 230 of the Act.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement unfairly disadvantaged some employees compared to the terms of the applicable award. This involved a detailed examination of the proposed conditions, including wages, hours of work, and other employment terms, to determine if any provision of the agreement resulted in a lesser benefit to employees than what they would receive under the applicable award. The Commission needed to ensure that the agreement did not unfairly disadvantage employees in relation to the existing industrial instrument.

After reviewing the provisions of the proposed agreement and comparing them to the relevant award, the Commission found that the agreement did not result in any employee being disadvantaged. The analysis included an assessment of the wage rates, conditions for overtime and penalty rates, and other benefits, concluding that the agreement provided for fair and reasonable terms that did not result in any employee being worse off than under the applicable award. Therefore, the Commission approved the application for the agreement to be registered. The decision underscores the importance of ensuring that enterprise agreements provide fair and equitable terms for all employees involved.

Centrogen Ventures Pty Ltd T/A CBM Resources Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established