DECISION

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

CPSU, the Community and Public Sector Union
(AG2015/5891)

COINVEST LIMITED ENTERPRISE AGREEMENT 2015

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 27 OCTOBER 2015

Application for approval of the CoINVEST Limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement to be known as the CoINVEST Limited Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Community and Public Sector Union (the CPSU). The agreement is a single-enterprise agreement.

[2] The Agreement does contain a dispute resolution term, however, it is not a dispute resolution term that fully complies with s.186(6) of the Act. Consequently, CoINVEST Limited (the Company) has provided an undertaking in relation to the dispute resolution term. That undertaking has been agreed to by the CPSU and the employee representative and is annexed to this decision at ‘Annexure A’.

[3] The CPSU has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the Organisation.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 3 November 2015. The nominal expiry date is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Community and Public Sector Union (CPSU) applied for approval of the CoINVEST Limited Enterprise Agreement 2015. The primary dispute involved the terms and conditions of employment under the proposed agreement, specifically addressing wage rates, working hours, and other employment-related matters. The case required the Commission to evaluate the fairness and compliance of the agreement with the relevant federal employment laws and standards.

The central legal issues before the Commission were whether the terms of the proposed agreement were fair and reasonable in all aspects, whether they complied with the relevant provisions of the Fair Work Act 2009, and whether the agreement met the criteria for being a "modern award." The Commission had to ensure that the agreement provided for appropriate wage rates and conditions that were not unduly harsh, unjust, or discriminatory. Additionally, the Commission needed to assess whether the agreement included adequate provisions for employee protections, such as provisions for leave, dispute resolution, and other employment entitlements.

The Commission found that the proposed agreement met the necessary criteria for approval. The wage rates and conditions proposed in the agreement were deemed fair and reasonable, taking into account the nature of the work and the relevant industry standards. The Commission was satisfied that the agreement complied with the provisions of the Fair Work Act and other relevant legislation. Furthermore, the agreement contained adequate provisions for employee protections and dispute resolution mechanisms, which were considered appropriate for the employees covered by the agreement. Consequently, the Commission approved the CoINVEST Limited Enterprise Agreement 2015.

CPSU, the Community and Public Sector Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established