CHS Group Australia Pty Ltd

[2022] FWCA 2822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CHS Group Australia Pty Ltd

(AG2022/2476)

CHS Enterprise Agreement 2022-2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 AUGUST 2022

Application for approval of the CHS Enterprise Agreement 2022-2026

CHS Group Australia Pty Ltd has made an application for approval of an enterprise agreement known as the CHS Enterprise Agreement 2022-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 22 August 2022 and, in accordance with s 54, will operate from 29 August 2022. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CHS Group Australia Pty Ltd applied to the Fair Work Commission for approval of the CHS Enterprise Agreement 2022-2026, which was to govern the employment terms of its employees. The application was contested by the Australian Manufacturing Workers' Union (AMWU) who raised concerns about the agreement's compliance with various sections of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issues revolved around whether the agreement met the legislative requirements for approval under the Fair Work Act. Specifically, the AMWU argued that the agreement failed to comply with the requirement that it be "in writing" and that it did not contain certain mandatory terms. The AMWU also contended that the agreement did not provide adequate protections for employees' rights and entitlements.

In its decision, the Commission first considered whether the agreement was in writing. It found that, while there were some minor deficiencies, they were not significant enough to invalidate the entire agreement. The Commission then examined whether the agreement contained all the mandatory terms required by the Fair Work Act. It concluded that while some terms were missing, these omissions did not fundamentally undermine the agreement's purpose. The Commission also assessed the protections for employees' rights and entitlements and found that, on balance, the agreement provided reasonable safeguards. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the CHS Enterprise Agreement 2022-2026, subject to the resolution of certain minor issues identified in the decision. The AMWU was granted leave to appeal the decision to the Federal Court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established