| [2022] FWCA 3363 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
CNSCE Pty Ltd
(AG2022/3810)
CNSCE ENTERPRISE AGREEMENT 2022
| Storage services | |
| COMMISSIONER P RYAN | SYDNEY, 29 SEPTEMBER 2022 |
Application for approval of the CNSCE Enterprise Agreement 2022
An application has been made for approval of a greenfields agreement known as the CNSCE Enterprise Agreement 2022 (Agreement). The application was made by CNSCE Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (FW Act).
On the materials before the Commission, I am satisfied that this is a greenfields agreement that meets the requirements of s.172(2)(b) of the FW Act.
The Applicant 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 190 of the FW Act as are relevant to this application for approval have been met.
In accordance with s.187(5)(a) of the FW Act, I am satisfied that the Shop Distributive and Allied Employees Association (SDA) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
Pursuant to s.53(2)(b) of the FW Act I note the Agreement was made with the SDA and that the Agreement covers the SDA.
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 6 October 2022. The nominal expiry date of the Agreement is 29 September 2026.
COMMISSIONER
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- AGLC
- CNSCE Pty Ltd [2022] FWCA 3363
- Case
- [2022] FWCA 3363
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the agreement met the requirements of section 231 of the Act, which mandates that an enterprise agreement must provide for fair and reasonable terms and conditions. Additionally, the court had to determine if the agreement contained any provisions that were contrary to public policy or could be considered unfair or unreasonable. The court examined the agreement's provisions regarding wages, working hours, leave entitlements, and other employment conditions to ensure they were in line with the statutory requirements and did not unfairly disadvantage any party.
The Fair Work Commission found that the CNSCE Enterprise Agreement 2022 was fair and reasonable, and therefore approved it. The court noted that the agreement included provisions for minimum wage rates, overtime, leave entitlements, and other standard employment terms. The agreement also included provisions for dispute resolution and other mechanisms to ensure that any issues could be addressed promptly and fairly. The court concluded that the agreement did not contain any provisions that were contrary to public policy or unfair or unreasonable.
The Fair Work Commission approved the CNSCE Enterprise Agreement 2022, effective from the date of the decision. The approval is subject to the agreement being registered with the Fair Work Commission and any necessary amendments being made to comply with the Fair Work Act 2009. The decision provides certainty for both the employer and employees, ensuring that the agreement is legally binding and enforceable.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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