Compuroom Services Pty Ltd Summary

[2014] FWCA 4074

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Compuroom Services Pty Ltd
(AG2014/6393)

COMPUROOM SERVICES ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 JUNE 2014

Application for approval of the Compuroom Services Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Compuroom Services Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Compuroom Services Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The applicant, Compuroom Services, is an employer and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), is a trade union. The dispute arose from the proposed terms and conditions of employment under the Compuroom Services Enterprise Agreement 2014-2018. The primary legal issues the Commission needed to address were whether the agreement was made in good faith and whether it met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was procedurally and substantively valid.

The Commission found that the agreement was made in good faith and satisfied the requirements of the Fair Work Act. In considering good faith, the Commission examined the bargaining process and found that both parties engaged in meaningful negotiations. The Commission also assessed whether the agreement was procedurally valid by confirming that the necessary consultation and disclosure requirements were met. As for substantive validity, the Commission determined that the agreement did not disadvantage employees and provided for fair and reasonable terms. The Commission ultimately concluded that the agreement was fair and appropriate, given the specific circumstances of the industry and the parties involved.

Based on the above findings, the Commission approved the Compuroom Services Enterprise Agreement 2014-2018. The Commission issued a certificate of registration for the agreement, making it legally binding on both parties. The approval of the agreement ensures that the terms and conditions of employment for employees of Compuroom Services are governed by the agreed-upon provisions. This decision provides clarity for both the employer and the union, allowing them to move forward with the implementation of the enterprise agreement.

Compuroom Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established