Computer Room Solutions Pty Ltd

[2024] FWCA 4659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Computer Room Solutions Pty Ltd

(AG2024/5016)

COMPUTER ROOM SOLUTIONS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 DECEMBER 2024

Application for approval of the Computer Room Solutions Pty Limited / CFMEU Collective Agreement 2024-2027

Computer Room Solutions Pty Ltd has made an application for approval of an enterprise agreement known as the Computer Room Solutions Pty Limited / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Construction, Forestry and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 24 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the matter of the Computer Room Solutions Pty Ltd was heard, with the applicant seeking approval for the proposed Computer Room Solutions Pty Limited / CFMEU Collective Agreement 2024-2027. The dispute revolved around the terms and conditions of employment for employees within the company and the extent to which the proposed agreement complied with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act, including whether it was made in good faith, and whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements for approval under section 234 of the Fair Work Act. This involved assessing whether the agreement was made in good faith, as well as whether it provided for fair and reasonable terms and conditions of employment. The Commission also considered whether the agreement met the criteria for being a "single interest" employer agreement, and whether it complied with the "better off overall test". The Commission had to ensure that the agreement did not unfairly disadvantage any party and that it provided for a fair and efficient workplace.

After careful consideration of the submissions and evidence presented, the Commission determined that the proposed agreement met the statutory requirements for approval. The Commission found that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement met the criteria for being a "single interest" employer agreement, and that it complied with the "better off overall test". The Commission concluded that the agreement provided for a fair and efficient workplace and that it was in the best interests of the parties involved. The Commission approved the proposed agreement, subject to the conditions outlined in the decision.

The Fair Work Commission approved the Computer Room Solutions Pty Limited / CFMEU Collective Agreement 2024-2027, subject to the conditions outlined in the decision. The Commission found that the agreement met the statutory requirements for approval and provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement was made in good faith and complied with the "better off overall test". The Commission concluded that the agreement provided for a fair and efficient workplace and was in the best interests of the parties involved.

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