DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CJCS Technical Services Pty Ltd
(AG2019/761)

CJCS TECHNICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER BISSETT	MELBOURNE, 29 MAY 2019

Application for approval of the CJCS Technical Services Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the CJCS Technical Services Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CJCS Technical Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2019. The nominal expiry date of the Agreement is 28 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the CJCS Technical Services Pty Ltd Enterprise Agreement 2019 - 2023. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, including its compliance with the Fair Work (Registered Organisations) Act 2009. The applicant, CJCS Technical Services Pty Ltd, sought approval of the agreement which was negotiated with a trade union, the Australian Manufacturing Workers' Union.

The legal issues that the Commission was required to decide included whether the agreement was made in good faith and whether it complied with the relevant sections of the Fair Work Act. Additionally, the Commission needed to determine if the agreement provided for appropriate mechanisms for the resolution of disputes and whether it was consistent with the minimum rights and entitlements under the Fair Work Act.

In delivering its decision, the Commission found that the agreement was made in good faith and complied with the statutory requirements. The Commission noted that the agreement contained provisions for the resolution of disputes and that it did not undermine the minimum rights and entitlements of employees. The Commission also found that the agreement was consistent with the objects of the Fair Work Act, including promoting high standards of employment and the development of cooperative workplace relations. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the CJCS Technical Services Pty Ltd Enterprise Agreement 2019 - 2023, finding that it met the requirements of the Fair Work Act and was made in good faith. The Commission found that the agreement provided for appropriate mechanisms for the resolution of disputes and did not undermine the minimum rights and entitlements of employees. The Commission's decision was made on the basis of the evidence and submissions presented by the parties.

CJCS Technical 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