DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CIW Australia Pty Ltd t/a Complete Injection and Waterproofing
(AG2016/1197)

CIW AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the CIW Australia Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the CIW Australia Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CIW Australia Pty Ltd t/a Complete Injection and Waterproofing. 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] 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] The Agreement was approved on 28 June 2016 and, in accordance with s.54, will operate from 5 July 2016. The nominal expiry date of the Agreement is 28 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A:

CaseChat Overview and Summary

The case involved CIW Australia Pty Ltd trading as Complete Injection and Waterproofing, which sought approval for the CIW Australia Pty Ltd Enterprise Agreement 2016-2020. The application for approval was heard by the Fair Work Commission, which was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The central legal issues revolved around whether the agreement contained the necessary minimum terms and conditions as required by law, and whether the agreement had been fairly and properly made.

The Court examined the specifics of the enterprise agreement, focusing on the minimum terms and conditions stipulated by the Fair Work Act. It assessed whether the agreement included all the mandated minimum entitlements such as minimum rates of pay, maximum weekly hours, leave provisions, and other employment-related terms. Additionally, the Court considered whether the agreement had been genuinely negotiated and if it was appropriately certified by an accredited bargaining representative. The evidence presented included submissions from the parties involved and any relevant documentation supporting the negotiation and certification processes.

In its decision, the Court found that the enterprise agreement did indeed meet all the statutory minimum requirements and had been fairly negotiated and certified. The agreement was comprehensive in its coverage of employment conditions and adhered to the legal framework set out in the Fair Work Act. Consequently, the Court approved the enterprise agreement, acknowledging its compliance with all necessary legal standards and its proper certification. The approval was granted, allowing the agreement to take effect and govern the employment conditions of the relevant workers.

The Court's final order was the approval of the CIW Australia Pty Ltd Enterprise Agreement 2016-2020, recognising its compliance with the Fair Work Act and its fair negotiation and certification. This decision provided certainty and legal backing for the employment terms and conditions set out in the agreement, ensuring that they met the statutory requirements and were properly agreed upon by the relevant parties.

CIW Australia Pty Ltd t/a Complete Injection and Waterproofing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established