Cw Management Pty Ltd Summary

[2025] FWCA 2732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Cw Management Pty Ltd

(AG2025/2502)

NEW SOUTH WALES CW MANAGEMENT ENTERPRISE AGREEMENT 2025

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 12 SEPTEMBER 2025

Application for approval of the New South Wales CW Management Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the New South Wales 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. 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 United Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2025. The nominal expiry date of the Agreement is 19 September 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, CW Management Pty Ltd, the applicant, sought approval of the New South Wales CW Management Enterprise Agreement 2025. The agreement in question was submitted to the Commission following negotiations between the applicant and the union representing the employees. The dispute centred around the terms and conditions of employment, including wages, working hours, and other employment-related matters. The Fair Work Commission was tasked with assessing whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act. This included assessing whether the agreement was made in good faith, whether it was free from any coercion or undue influence, and whether it provided for a fair and reasonable outcome for both the employer and the employees. The Commission also had to consider whether the agreement complied with the relevant provisions of the National Employment Standards and the Fair Work (Transitional Arrangements) Act 1999.

After examining the submissions and evidence presented by both the applicant and the union, the Commission found that the proposed agreement met the necessary criteria for approval. The agreement was considered to be made in good faith, free from any coercion or undue influence, and provided for a fair and reasonable outcome for both parties. Furthermore, the agreement complied with the relevant provisions of the National Employment Standards and the Fair Work (Transitional Arrangements) Act 1999. As a result, the Fair Work Commission approved the New South Wales CW Management Enterprise Agreement 2025.

Cw Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established