DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport
(AG2018/1520)

CFC CONSOLIDATED PTY LTD AS TRUSTEE FOR THE CFC EMPLOYMENT TRUST - PERTH WORKSHOP ENTERPRISE AGREEMENT 2018

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 10 AUGUST 2018

Application for approval of the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust - Perth Workshop Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust - Perth Workshop Enterprise Agreement 2018 (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 as Trustee for the CFC Employment Trust T/A Centurion Transport. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2018. The nominal expiry date of the Agreement is 16 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport. The primary issue was an application for the approval of the Perth Workshop Enterprise Agreement 2018. The applicant sought to have the agreement certified as applicable to its employees, which would allow it to operate under the terms of the agreement.

The central legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the objectors contended that it did not adequately protect employee interests. The FWC had to consider various factors, including the fairness of the terms, the process through which the agreement was negotiated, and compliance with the procedural requirements set out in the legislation.

In delivering the decision, the FWC assessed the evidence and arguments presented by both parties. The Commission found that the agreement contained terms that were fair and reasonable, and it was satisfied that the negotiation process was appropriate. The FWC also determined that the procedural requirements had been met, including the provision of necessary information to employees and the opportunity for them to be represented. Consequently, the FWC approved the Perth Workshop Enterprise Agreement 2018.

The FWC's final order was that the Perth Workshop Enterprise Agreement 2018 be approved and registered, allowing it to come into effect as per the terms outlined in the agreement. This decision provided certainty to both the employer and the employees regarding the terms of their employment moving forward.

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established