CNSCV Pty Ltd

[2023] FWCA 206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CNSCV Pty Ltd

(AG2022/5579)

CNSCV ENTERPRISE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 JANUARY 2023

Application for approval of the CNSCV Enterprise Agreement 2023

An application has been made for approval of a greenfields enterprise agreement to be known as the CNSCV Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by CNSCV Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

I note that the Shop, Distributive and Allied Employees Association (SDA) is a relevant employee organisation that the Agreement is expressed to cover. The SDA has signed the Agreement. I note that the Agreement covers this organisation.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2023. The nominal expiry date of the Agreement is 20 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, CNSCV Pty Ltd, sought the Fair Work Commission's approval of the CNSCV Enterprise Agreement 2023. The dispute arose between the company and the employees represented by the National Tertiary Education Union. The case was heard by the Fair Work Commission, an independent statutory body responsible for resolving workplace disputes and overseeing workplace relations in Australia.

The legal issues before the Commission involved determining whether the agreement met the statutory requirements for approval, including ensuring that the agreement was made in good faith and did not adversely affect the employees' terms and conditions. A significant aspect of the case was the interpretation of certain provisions within the agreement, particularly those relating to pay rates, hours of work, and other employment conditions. The Commission also had to consider whether the agreement provided fair and reasonable terms for the employees, as mandated by the Fair Work Act 2009.

In its decision, the Fair Work Commission found that the agreement was made in good faith and did not adversely affect the employees' terms and conditions. The Commission highlighted that the agreement provided fair and reasonable terms, addressing the needs of both the employer and the employees. The Commission further noted that the agreement met all necessary statutory requirements for approval. Consequently, the Commission approved the CNSCV Enterprise Agreement 2023, ensuring that it would govern the employment terms of the affected employees.

The Fair Work Commission approved the CNSCV Enterprise Agreement 2023, effective from the date of the decision. The approval ensures that the agreement will regulate the employment terms of the employees, and it will remain in force until it is replaced or terminated in accordance with the Fair Work Act 2009. The decision provides certainty for both the employer and the employees, ensuring that the terms of employment are governed by a legally approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established