Community Business Bureau Inc Summary

[2014] FWCA 6155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Business Bureau Inc
(AG2014/8557)

COMMUNITY BUSINESS BUREAU INC ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 5 SEPTEMBER 2014

Application for approval of the Community Business Bureau Inc Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Community Business Bureau Inc Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Community Business Bureau Inc (CBB). The agreement is a single-enterprise agreement.

[2] On 4 September 2014 undertakings were provided by Mr M Colmagro (CBB’s Business Manager). Pursuant to s.190 of the Act, I accept the undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Community Business Bureau Inc sought approval of an Enterprise Agreement 2014. The matter was before the Fair Work Commission. The dispute centred around the enforceability of certain clauses in the agreement, particularly those related to employee entitlements and working conditions. The key issue before the commission was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009, including whether it provided for a fair and efficient workplace, and whether it was free from coercive conduct.

The commission considered the provisions of the Fair Work Act and examined the process by which the agreement was negotiated. It assessed the fairness of the terms, particularly those concerning employee entitlements, working conditions, and dispute resolution mechanisms. The commission also evaluated whether the agreement was made without any improper conduct, such as coercion or undue influence. After careful consideration, the commission concluded that the agreement was fair and met the necessary legal standards. It found that the negotiation process was transparent and that the terms were reasonable in the circumstances.

Accordingly, the commission approved the Community Business Bureau Inc Enterprise Agreement 2014. The decision was made in the interest of ensuring a fair and efficient workplace for all parties involved. The approval of the agreement allows it to be registered with the Fair Work Commission, thereby making it a legally binding contract between the employer and the employees.

Community Business Bureau Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established