DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B & J Catalano Pty Ltd
(AG2017/2778)

B & J CATALANO PTY LTD PLANT OPERATOR ENTERPRISE AGREEMENT 2017

Quarrying industry
COMMISSIONER WILSON	MELBOURNE, 8 AUGUST 2017

Application for approval of the B & J Catalano Pty Ltd Plant Operator Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the B & J Catalano Pty Ltd Plant Operator Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B & J Catalano Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2017. The nominal expiry date of the Agreement is 8 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, B & J Catalano Pty Ltd, applied for approval of the B & J Catalano Pty Ltd Plant Operator Enterprise Agreement 2017. The respondent, the Transport and Distribution Workers Union of Australia, opposed the application. The dispute centred on whether the agreement complied with the relevant legislative requirements and whether it adequately protected the rights and interests of the employees.

The primary legal issues before the commission were whether the agreement met the formal requirements for registration, including whether it was in writing, whether it had been genuinely agreed upon by the parties, and whether it contained the prescribed minimum terms and conditions. Additionally, the commission considered whether the agreement provided appropriate protections for employees, including provisions on wages, hours of work, and other employment conditions.

The commission found that the agreement was in writing and had been genuinely agreed upon by both parties. It also found that the agreement contained the prescribed minimum terms and conditions and that it provided appropriate protections for employees. The commission was satisfied that the agreement was fair and reasonable, and that it met the requirements for registration. The commission approved the agreement, subject to certain modifications to address minor technical issues.

The final orders of the commission included the approval of the B & J Catalano Pty Ltd Plant Operator Enterprise Agreement 2017, with modifications to certain provisions to ensure compliance with the relevant legislative requirements. The agreement was registered and became legally binding on the parties from the date of the commission's decision.

B & J Catalano Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established