CW Management Pty Ltd T/A CW Management Summary

[2022] FWCA 495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CW Management Pty Ltd T/A CW Management

(AG2022/29)

Western Australia CW Management Enterprise Agreement 2021

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COMMISSIONER WILLIAMS	PERTH, 14 FEBRUARY 2022

Application for approval of the Western Australia CW Management Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Western Australia CW Management Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CW Management Pty Ltd T/A CW Management. The Agreement is a single-enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2022. The nominal expiry date of the Agreement is 20 February 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of CW Management Pty Ltd T/A CW Management, the Fair Work Commission was tasked with approving the Western Australia CW Management Enterprise Agreement 2021. The application for approval was made by the employer, CW Management, and the relevant union, which represents the employees, did not object to the agreement. The nature of the dispute was centred around the terms and conditions outlined in the proposed enterprise agreement, which sought to govern the employment relationship between the employer and its employees.

The primary legal issues before the court involved determining whether the agreement complied with the requirements set out in the Fair Work Act 2009. This included verifying that the agreement was made in good faith, was free from any improper influence or coercion, and met the criteria for being a genuine enterprise agreement. Additionally, the court needed to ensure that the agreement did not adversely affect the employees' conditions of employment below the minimum standards prescribed by the relevant awards or the National Employment Standards.

Upon reviewing the application and the contents of the agreement, the court found that the agreement met all the statutory requirements for approval. The employer demonstrated that the agreement was made in good faith and was free from any improper influence or coercion. Furthermore, the agreement was considered to be a genuine enterprise agreement as it was negotiated between the employer and the union representing the employees. The court also found that the agreement did not have any adverse effects on the employees' conditions of employment, as it was not less favourable than the applicable awards or the National Employment Standards. Consequently, the court approved the Western Australia CW Management Enterprise Agreement 2021.

The final orders of the court were that the Western Australia CW Management Enterprise Agreement 2021 be approved and registered, effective from the date of the decision. This approval means that the terms and conditions outlined in the agreement will now govern the employment relationship between the employer and its employees, provided that the agreement remains in force.

CW Management Pty Ltd T/A CW Management

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established