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

Civil, Energy & Mining Services Pty Ltd, trading as CEM Services Pty Ltd, sought approval for the CEM Services Pty Ltd - Enterprise Agreement 2014 from the Fair Work Commission. The applicant, a company providing services in the civil engineering and construction industry, sought to approve a new enterprise agreement to replace an existing one that was set to expire. The agreement proposed various changes, including new pay rates, conditions of employment, and other terms and conditions of employment for the workforce. The application was made pursuant to section 233 of the Fair Work Act 2009.

The legal issues that the Fair Work Commission had to address included whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009, including whether it promoted simplification, harmonisation and deregulation, and whether it provided for the protection of employees' wages, conditions, terms and other rights. The Commission also needed to consider whether the agreement met the requirements for a "single, simple, national system" of industrial relations and whether it would promote the object of full employment and the participation of employees in decision-making. Further, the Commission had to assess whether the agreement provided for a fair and efficient system of dispute resolution.

The Fair Work Commission held that the proposed agreement met the criteria for approval under the Fair Work Act 2009. The Commission found that the agreement promoted simplification, harmonisation and deregulation by consolidating a number of existing agreements into a single agreement, reducing the number of agreements in the industry. The agreement also provided for the protection of employees' wages, conditions, terms and other rights, and met the requirements for a "single, simple, national system" of industrial relations. The Commission also found that the agreement would promote the object of full employment and the participation of employees in decision-making. Lastly, the Commission was satisfied that the agreement provided for a fair and efficient system of dispute resolution.

The Fair Work Commission approved the CEM Services Pty Ltd - Enterprise Agreement 2014. The new agreement will apply from the date of registration and will replace the existing agreement.