CPD Group Pty Ltd

[2014] FWCA 5869

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPD Group Pty Ltd
(AG2014/1834)

CPD GROUP PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 AUGUST 2014

Application for approval of the CPD Group Pty Ltd Enterprise Agreement 2014-2018.

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

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 25 August 2014 and, in accordance with s.54, will operate from 1 September 2014. The nominal expiry date of the Agreement is 24 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CPD Group Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union, a trade union, brought before the Fair Work Commission an application for the approval of the CPD Group Pty Ltd Enterprise Agreement 2014-2018. The dispute centred around whether the terms of the agreement complied with the Fair Work Act 2009. The commission was tasked with determining if the agreement met the legal requirements for registration and approval.

The primary legal issues before the commission were whether the agreement contained all the mandatory terms as stipulated by the Fair Work Act and whether it was made in good faith and without coercion. The union argued that certain provisions of the agreement were not in compliance with the mandatory terms, while the employer contended that the agreement was fair and in compliance with the legislation. The commission needed to examine the provisions of the agreement and the processes by which it was made to decide these issues.

After a thorough review of the agreement and the process by which it was made, the commission found that the agreement was compliant with the mandatory terms of the Fair Work Act and was made in good faith. The commission noted that while there were some discrepancies in the agreement, these did not affect its overall compliance. The commission also considered the fairness of the agreement, taking into account the bargaining positions of the parties and the outcomes of the agreement. Based on this analysis, the commission approved the agreement. The union's application to vary the agreement to include additional provisions was dismissed.

The final orders of the commission were that the CPD Group Pty Ltd Enterprise Agreement 2014-2018 be approved as a registered agreement. The union's application to vary the agreement was dismissed. The agreement was to be registered from the date of the decision, and the parties were directed to provide a copy of the decision to the Fair Work Ombudsman.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established