DECISION

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

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport
(AG2020/709)

CFC CONSOLIDATED PTY LTD AS TRUSTEE FOR THE CFC EMPLOYMENT TRUST - NATIONAL WORKSHOP ENTERPRISE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 APRIL 2020

Application for approval of the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust - National Workshop Enterprise Agreement 2020.

[1] CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport has made an application for the approval of an enterprise agreement known as the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust - National Workshop Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement was approved on 9 April 2020 and, in accordance with s 54, will operate from 16 April 2020. The nominal expiry date of the Agreement is 16 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport, the Fair Work Commission (FWC) was tasked with determining whether the proposed National Workshop Enterprise Agreement 2020 should be approved. This decision arose from an application by CFC Consolidated Pty Ltd, who sought to have the agreement approved under section 235 of the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal criteria for approval, specifically addressing the requirement for the agreement to provide for fair and appropriate terms and conditions of employment.

The primary legal issue before the FWC was whether the proposed agreement appropriately balanced the interests of the employer and employees, ensuring fair and appropriate terms. This involved assessing the agreement against the Fair Work Act’s requirements and ensuring compliance with the modern awards and the national employment standards. The FWC had to ensure that the agreement provided for fair and appropriate minimum terms and conditions of employment, including provisions on pay, leave, and other workplace entitlements.

The FWC, after careful consideration of the evidence and submissions, found that the proposed agreement met the necessary criteria. The commission concluded that the agreement provided for fair and appropriate terms and conditions, adequately balancing the interests of both the employer and the employees. The FWC highlighted the agreement’s compliance with relevant modern awards and the national employment standards, confirming that it did not undermine the protections afforded under the Fair Work Act. As a result, the FWC approved the National Workshop Enterprise Agreement 2020.

The final order of the FWC was the approval of the National Workshop Enterprise Agreement 2020, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding for the parties involved, subject to the protections and standards set out in the Fair Work Act.

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