Cw Management Pty Ltd Trading AS Cw Management Summary

[2025] FWCA 2022

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

(AG2025/1108)

SOUTH AUSTRALIAN CW MANAGEMENT ENTERPRISE AGREEMENT

2025

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 19 JUNE 2025

Application for approval of the South Australian CW Management Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the South Australian 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 26 June 2025. The nominal expiry date of the Agreement is 19 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for approval of the South Australian CW Management Enterprise Agreement 2025, brought before the Fair Work Commission. The applicant, CW Management Pty Ltd trading as CW Management, sought approval of the agreement which aimed to govern the employment conditions of its employees in South Australia. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the Fair Work Act's provisions, particularly whether it met the criteria for a single interest employer agreement, and if it was made in good faith. Additionally, the Commission needed to determine whether the agreement was in the best interests of the employees and if it provided adequate protections and benefits. The applicant argued that the agreement was a genuine effort to fairly represent the interests of both the employer and employees, while no objections were raised by the employees.

The Commission considered the evidence provided by CW Management, including the negotiation process and the contents of the agreement. It examined whether the agreement was made in good faith, whether it covered all necessary terms, and if it provided fair and reasonable terms for the employees. The Commission also assessed the procedural fairness in the negotiation process and the extent to which the agreement met the statutory criteria. Ultimately, the Commission found that the agreement was made in good faith and met the necessary requirements for approval.

The Fair Work Commission approved the South Australian CW Management Enterprise Agreement 2025, affirming its compliance with the Fair Work Act. The Commission's decision was based on the evidence of a fair and genuine negotiation process, the agreement's adherence to statutory criteria, and its provision of fair and reasonable terms for the employees. This decision sets a precedent for similar enterprise agreements in the region.

Cw Management Pty Ltd Trading AS Cw Management

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established