DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CFC Consolidated Pty Ltd
(AG2015/4590)

CFC CONSOLIDATED PTY LTD HEAVY HAULAGE ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROE	MELBOURNE, 26 AUGUST 2015

Application for approval of the CFC Consolidated Pty Ltd Heavy Haulage Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CFC Consolidated Pty Ltd Heavy Haulage Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CFC Consolidated Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 26 August 2015 and, in accordance with s.54, will operate from 2 September 2015. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the CFC Consolidated Pty Ltd Heavy Haulage Enterprise Agreement 2015 by the Fair Work Commission (FWC). The dispute arose between CFC Consolidated Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The FWC was tasked with determining whether the agreement met the requirements for registration under the Fair Work Act 2009.

The primary legal issues the court addressed were whether the agreement was genuinely a product of bargaining, whether it complied with the Fair Work Act's provisions, and whether it adhered to the "better off overall test" and "no-disadvantage test." The court also considered the fairness of the agreement in terms of its provisions and the process through which it was negotiated and agreed upon.

The FWC found that the agreement was a genuine product of bargaining and complied with the requirements of the Fair Work Act. It concluded that the agreement met the "better off overall test" and "no-disadvantage test," ensuring that employees were not placed at a disadvantage compared to their previous terms of employment. The commission determined that the agreement was fair and appropriate for registration, considering the negotiation process and the provisions of the agreement.

The final order of the FWC was to approve the CFC Consolidated Pty Ltd Heavy Haulage Enterprise Agreement 2015 for registration, ensuring that the agreement would become legally binding between the employer and the employees covered by it. This decision affirmed the validity of the agreement, allowing it to be enforced and providing certainty for both parties regarding the terms and conditions of employment.

CFC Consolidated Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established