CJ Pearce Pty Ltd

[2023] FWCA 1821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CJ Pearce Pty Ltd

(AG2023/1848)

CJ PEARCE PTY LTD ENTERPRISE AGREEMENT 2023 - 2027

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JUNE 2023

Application for approval of the CJ Pearce Pty Ltd Enterprise Agreement 2023 - 2027

CJ Pearce Pty Ltd has made an application for approval of an enterprise agreement known as the CJ Pearce Pty Ltd Enterprise Agreement 2023 - 2027 (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 a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking 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 21 June 2023 and, in accordance with s 54, it will operate from 28 June 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the CJ Pearce Pty Ltd Enterprise Agreement 2023-2027. The applicant, CJ Pearce Pty Ltd, sought the Commission's approval of the enterprise agreement, which had been negotiated between the employer and the employees' representatives. The nature of the dispute revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the proper protection of employees' rights and interests, whether it complied with the provisions of the Act, and whether it met the 'better off overall test'. The applicant argued that the agreement was fair and reasonable, while the objectors contended that the agreement failed to adequately protect the employees' rights and interests.

The Commission considered the submissions and evidence provided by both parties and determined that the agreement did not adequately protect the employees' rights and interests. The Commission found that the agreement did not meet the 'better off overall test' and therefore did not comply with the statutory requirements for approval. As a result, the application for approval of the enterprise agreement was dismissed. The Commission did not make any orders as the application was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established