CV Infrastructure Services Pty Ltd T/A CV Infrastructure Services Summary

[2022] FWCA 2631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CV Infrastructure Services Pty Ltd T/A CV Infrastructure Services

(AG2022/2381)

CV Infrastructure Services Enterprise Agreement 2022 to 2026

Electrical contracting industry
COMMISSIONER MATHESON	SYDNEY, 3 AUGUST 2022

Application for the approval of the CV Infrastructure Services Enterprise Agreement 2022 to 2026.

An application has been made for approval of an enterprise agreement known as the CV Infrastructure Services Enterprise Agreement 2022 to 2026 (Agreement). The application was made by CV Infrastructure Services Pty Ltd T/A CV Infrastructure Services (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2022. The nominal expiry date of the Agreement is 3 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission considered an application for the approval of the CV Infrastructure Services Enterprise Agreement 2022 to 2026, which was submitted by CV Infrastructure Services Pty Ltd T/A CV Infrastructure Services. The applicant sought the Commission's approval of the agreement, which was to cover employees in the electrical contracting industry. Commissioner Matheson was tasked with deciding whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement complied with the statutory requirements for approval, and whether certain provisions of the agreement were inconsistent with the National Employment Standards (NES). The Commission noted that some provisions of the agreement appeared to be inconsistent with the NES but was satisfied that the more beneficial entitlements of the NES would prevail in cases of inconsistency. Additionally, the applicant had provided written undertakings to address any potential inconsistencies, and no objections were raised by the bargaining representatives.

The Commission found that the applicant had satisfied the requirements of sections 186, 187, 188, and 190 of the Act, as relevant to the application for approval of the agreement. The Commission also accepted the written undertakings provided by the applicant, which ensured that the agreement would not cause financial detriment to any employee or result in substantial changes to the agreement. As a result, the Commission approved the agreement, subject to the written undertakings, and determined that it would operate from 10 August 2022 until its nominal expiry date of 3 August 2026.

CV Infrastructure Services Pty Ltd T/A CV Infrastructure Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established