DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CJ Pearce Pty Ltd
(AG2015/7150)

CJ PEARCE PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 3 FEBRUARY 2016

Application for approval of the CJ Pearce Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the CJ Pearce 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 CJ Pearce Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2016. The nominal expiry date of the Agreement is 2 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, the Fair Work Commission was asked to consider an application for approval of the CJ Pearce Pty Ltd Enterprise Agreement 2016-2020. The application was brought by the Australian Manufacturing Workers' Union, which represented employees of CJ Pearce Pty Ltd, an employer in the metal manufacturing industry. The union sought approval for the agreement on the basis that it complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue for the Commission to determine was whether the Enterprise Agreement satisfied the requirements of section 230 of the Act, particularly whether it was "better off overall" for the employees. The Commission also needed to assess if the agreement included all mandatory terms and conditions, and if the bargaining process was genuinely autonomous and in good faith.

The Commission found that the agreement was indeed "better off overall" for the employees, as it provided for pay increases and other benefits that outweighed any disadvantages. It was also determined that the agreement included all necessary mandatory terms and that the bargaining process was conducted in good faith and with genuine autonomy. The Commission approved the agreement, emphasising the importance of fair and effective enterprise bargaining.

The final orders of the Commission included the approval of the CJ Pearce Pty Ltd Enterprise Agreement 2016-2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to all employees of CJ Pearce Pty Ltd covered by the agreement. The decision underscored the importance of ensuring that enterprise agreements are fair, provide genuine benefits to employees, and are achieved through a legitimate bargaining process.

CJ Pearce 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