B&J Catalano Pty Ltd

[2021] FWCA 5524

[2021] FWCA 5524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B&J Catalano Pty Ltd
(AG2021/6586)

B & J CATALANO PTY LTD ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 8 SEPTEMBER 2021

Application for approval of the B&J Catalano Pty Ltd Enterprise Agreement 2021.

[1] B&J Catalano Pty Ltd has applied for approval of a single enterprise agreement known as the B&J Catalano Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission sought further information about steps taken in compliance with the pre-approval requirements and raised concerns about whether the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to these matters.

[3] Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement the Commission took steps to ensure the relevant employees were served with, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views (including about the Undertakings) and none opposed.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Agreement was approved on 8 September 2021 and, in accordance with s.54, will operate from 15 September 2021. The nominal expiry date of the Agreement is 8 September 2025.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

<AE512979  PR733561>

Printed by authority of the Commonwealth Government Printer

1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Annexure A