CFC Consolidated Pty Ltd

[2014] FWCA 6009

FAIR WORK COMMISSION

DECISION

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

CFC Consolidated Pty Ltd
(AG2014/8539)

CFC CONSOLIDATED PTY LTD & TWU - PERTH FREIGHT OFFICER ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 1 SEPTEMBER 2014

Application for approval of the CFC Consolidated Pty Ltd & TWU - Perth Freight Officer Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe CFC Consolidated Pty Ltd & TWU - Perth Freight Officer Enterprise Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 8 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, CFC Consolidated Pty Ltd, sought approval of an enterprise agreement under the Fair Work Act 2009. The agreement in question was the CFC Consolidated Pty Ltd & TWU - Perth Freight Officer Enterprise Agreement 2014, which was entered into by the applicant and the Transport Workers Union. The Fair Work Commission was the forum for the application. The primary dispute centred on the compliance of the agreement with the requirements of the Act, specifically whether the agreement had been made in accordance with the processes prescribed by the Act and whether it was free from prohibited content.

The key legal issues the court needed to address were whether the agreement had been made in good faith and whether it contained any provisions that were contrary to the public interest or otherwise prohibited under the Act. This involved scrutinising the negotiation process, the consultation mechanisms employed by the applicant, and the content of the agreement to ensure it did not contravene any statutory prohibitions.

The court found that the agreement had been made in good faith and that the negotiation process was robust, involving extensive consultation with the relevant union. The court was satisfied that the applicant had complied with the procedural requirements under the Act. Regarding the content of the agreement, the court determined that all provisions were consistent with the Act and did not contain any prohibited matter. The court approved the agreement, finding it to be fair and reasonable, and compliant with all statutory requirements.

As a result of the court's decision, the CFC Consolidated Pty Ltd & TWU - Perth Freight Officer Enterprise Agreement 2014 was approved, and the agreement was registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established