[2014] FWCA 3145 [Note: An appeal pursuant to s.604 (C2014/935) was lodged against this decision - refer to Full Bench decision dated 26 August 2014 [[2014] FWCFB 5708] for result of appeal.]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil, Energy & Mining Services Pty Ltd T/A CEM Services Pty Ltd
(AG2014/1055)

CEM SERVICES PTY LTD - ENTERPRISE AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 14 MAY 2014

Application for approval of the CEM Services Pty Ltd - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CEM Services Pty Ltd - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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 will operate from 21 May 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by Civil, Energy & Mining Services Pty Ltd, trading as CEM Services Pty Ltd, for the approval of the CEM Services Pty Ltd - Enterprise Agreement 2014. The dispute arose under the Fair Work Act 2009 and related to the terms of employment and conditions of work for employees of the company.

The central legal issues before the court were whether the enterprise agreement in question complied with the relevant provisions of the Fair Work Act, particularly concerning the requirements for fair and reasonable terms and conditions of employment. The court needed to determine if the agreement met the necessary criteria for approval, including whether it provided for minimum rates of pay and conditions, and if it was made in good faith and without coercion.

In delivering its judgment, the court examined the provisions of the Fair Work Act and the terms of the enterprise agreement. The court found that the agreement was fair and reasonable, providing for appropriate minimum rates of pay and conditions that were necessary to ensure the employees' entitlements. The court also determined that the agreement was made in good faith and without coercion, thus complying with the statutory requirements.

Consequently, the court approved the CEM Services Pty Ltd - Enterprise Agreement 2014, as it satisfied all the necessary criteria under the Fair Work Act. The final orders of the court were that the enterprise agreement be approved and registered with the Fair Work Commission.

Civil, Energy & Mining Services Pty Ltd T/A CEM Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established