Cw Management Pty Ltd Trading AS Cw Management

[2025] FWCA 2021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cw Management Pty Ltd Trading AS Cw Management

(AG2025/1106)

WESTERN AUSTRALIA CW MANAGEMENT ENTERPRISE AGREEMENT

2025

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 19 JUNE 2025

Application for approval of the Western Australia CW Management Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Western Australia CW Management Enterprise Agreement 2025 (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 trading as Cw Management. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

I note that the Agreement contains an NES precedence clause at cl.1.10, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2025. The nominal expiry date of the Agreement is 23 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cw Management Pty Ltd, trading as CW Management, applied for approval of the Western Australia CW Management Enterprise Agreement 2025. The applicant sought to have the agreement approved as a new modern award under the Fair Work Act 2009. The application was heard in the Fair Work Commission, with the decision authored by Commissioner M. A. O’Sullivan.

The central legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it had been made in good faith and without coercion. The court also had to consider if the agreement met the requirements of the Better Off Overall Test (BOOT), which assesses whether employees would be better off overall under the new agreement compared to their existing conditions.

In reaching its decision, the court examined the submissions made by CW Management and the unions involved. The court found that the agreement provided for fair and reasonable terms and conditions, and that it had been made in good faith without coercion. The court also found that the agreement met the requirements of the BOOT, as it provided for a minimum 3.75% increase in wages and entitlements over the four-year period, as well as other benefits such as improved leave provisions and dispute resolution mechanisms. The court was satisfied that the agreement was fair and reasonable, and approved it as a new modern award.

The final orders of the court were that the Western Australia CW Management Enterprise Agreement 2025 be approved as a new modern award under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to all employees covered by the agreement. The court also ordered that the agreement be published on the Fair Work Commission's website to ensure transparency and accessibility for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established