CPC Engineering Summary

[2013] FWCA 4925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPC Engineering
(AG2013/7485)

CPC ENGINEERING EMPLOYEE COLLECTIVE AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 23 JULY 2013

Application for approval of the CPC Engineering Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CPC Engineering Employee Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CPC Engineering. 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 does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2013. The nominal expiry date of the Agreement is 23 July 2017.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CPC Engineering was the applicant for the approval of the CPC Engineering Employee Collective Agreement 2013. The respondent, the Australian Manufacturing Workers Union, contested the application on various grounds. The matter was heard in the Fair Work Commission.

The primary legal issue before the commission was whether the application complied with the requirements of the Fair Work Act 2009. Specifically, the commission had to determine if the agreement met the criteria for approval as a certified agreement under section 176 of the Act. The respondent argued that the agreement did not meet certain procedural and substantive requirements. The applicant contended that the agreement was properly negotiated and met all statutory criteria.

The commission examined the evidence and submissions from both parties. It found that the agreement was indeed a genuine enterprise agreement and was negotiated in good faith. The commission concluded that the application complied with all necessary statutory requirements and dismissed the respondent's objections. The commission approved the agreement as a certified agreement.

In its decision, the commission emphasised the importance of ensuring that enterprise agreements are genuinely negotiated and meet all legislative criteria. The commission approved the CPC Engineering Employee Collective Agreement 2013, and it became effective from the date of the decision.

CPC Engineering

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established