DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion
(AG2021/6445)

CFC CONSOLIDATED PTY LTD AS TRUSTEE FOR THE CFC EMPLOYMENT TRUST - KALGOORLIE DRIVERS AND FREIGHT OFFICERS ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 20 AUGUST 2021

Application for approval of the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust - Kalgoorlie Drivers and Freight Officers Enterprise Agreement 2021.

[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 - Kalgoorlie Drivers and Freight Officers Enterprise Agreement 2021 (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. 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. The undertakings are taken to be a term of 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2021. The nominal expiry date of the Agreement is 27 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion applied to the Fair Work Commission for the approval of the Kalgoorlie Drivers and Freight Officers Enterprise Agreement 2021. The application was contested by the Australian Council of Trade Unions (ACTU), representing a group of employees. The central issue before the Fair Work Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009, specifically focusing on whether it contained the minimum terms and conditions of employment as required by the Act.

The Fair Work Commission examined the enterprise agreement to determine if it included the minimum terms and conditions as stipulated in the Fair Work Act 2009. The Commission evaluated whether the agreement provided for minimum wages, leave entitlements, penalty rates, and other essential employment terms. In reaching its decision, the Commission considered submissions from both parties, including the arguments presented by the ACTU regarding potential deficiencies in the agreement. Ultimately, the Fair Work Commission determined that the Kalgoorlie Drivers and Freight Officers Enterprise Agreement 2021 satisfied the statutory requirements and contained the necessary minimum terms and conditions of employment. Consequently, the Commission approved the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established