CFC Consolidated Pty Ltd Summary

[Note: a further decision has been issued in relation to this Agreement - see [2013] FWC 7913 signed 22 October 2013]

[2013] FWCA 4706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CFC Consolidated Pty Ltd
(AG2013/7113)

CFC CONSOLIDATED PTY LTD FUEL OPERATIONS ENTERPRISE AGREEMENT 2013

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 JULY 2013

Application for approval of the CFC Consolidated Pty Ltd Fuel Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CFC Consolidated Pty Ltd Fuel Operations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 5 April 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, CFC Consolidated Pty Ltd, the applicant, sought approval of the CFC Consolidated Pty Ltd Fuel Operations Enterprise Agreement 2013. The agreement was in dispute, with the applicant contending that it was necessary for operational efficiency and competitiveness, while the respondents argued it was unfair and did not adequately protect employee rights. The legal issues before the commission included whether the agreement provided for fair and reasonable terms, met the requirement of being a “single, integrated and coherent document”, and whether it was negotiated in good faith.

The commission considered the fairness and reasonableness of the agreement's terms, focusing on factors such as the nature of the industry, the bargaining power of the parties, and the agreement's impact on employees. It also examined whether the agreement was a single, integrated and coherent document, as required by the Fair Work Act. Furthermore, the commission assessed whether the agreement was negotiated in good faith, taking into account the process followed by the parties in reaching the agreement. The commission found that the agreement was fair and reasonable, met the requirements of the Act, and was negotiated in good faith.

As a result, the commission approved the CFC Consolidated Pty Ltd Fuel Operations Enterprise Agreement 2013. The approval was based on the commission's determination that the agreement provided for fair and reasonable terms, was a single, integrated and coherent document, and was negotiated in good faith. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

CFC Consolidated Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established