DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CV Energy Services Pty Ltd T/A CV Energy Services
(AG2018/572)

CV ENERGY SERVICES ENTERPRISE AGREEMENT - 2018 TO 2022

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 7 JUNE 2018

Application for approval of the CV Energy Services Enterprise Agreement - 2018 to 2022.

[1] An application has been made for approval of an enterprise agreement known as the CV Energy Services Enterprise Agreement - 2018 to 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CV Energy Services Pty Ltd T/A CV Energy Services. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2018. The nominal expiry date of the Agreement is 6 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CV Energy Services Pty Ltd, trading as CV Energy Services, applied to the Fair Work Commission for approval of the CV Energy Services Enterprise Agreement 2018 to 2022. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The key issues before the Commission were whether the agreement contained all necessary terms and conditions, whether it had been fairly negotiated, and whether it complied with the ‘better off overall test’.

The Commission examined the terms of the agreement and found that it contained all necessary provisions, including those related to remuneration, working conditions, and dispute resolution. The Commission also considered evidence regarding the negotiation process and concluded that the agreement had been fairly negotiated. In relation to the ‘better off overall test’, the Commission assessed the overall benefit to employees by comparing the proposed agreement to the applicable award. The Commission found that the agreement provided employees with a better overall package than the award, thus satisfying the statutory requirements for approval. As a result, the application was approved, and the agreement was registered.

The Fair Work Commission approved the CV Energy Services Enterprise Agreement 2018 to 2022. The agreement is now legally binding between the parties and will govern the employment conditions of employees covered by the agreement for the specified period. The decision reinforces the importance of ensuring that enterprise agreements meet all statutory requirements and are negotiated fairly to be approved by the Commission.

CV Energy Services Pty Ltd T/A CV Energy Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established