B & J Catalano Pty Ltd T/A B & J Catalano Pty Ltd

[2013] FWCA 6107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B & J Catalano Pty Ltd T/A B & J Catalano Pty Ltd
(AG2013/8477)

B & J CATALANO PTY LTD PLANT OPERATOR ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 26 AUGUST 2013

Application for approval of the B & J Catalano Pty Ltd Plant Operator Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the B & J Catalano Pty Ltd Plant Operator Enterprise Agreement 2013 (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 T/A B & J Catalano Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2013. The nominal expiry date of the Agreement is 26 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

B & J Catalano Pty Ltd T/A B & J Catalano Pty Ltd was the subject of an application for the approval of the Plant Operator Enterprise Agreement 2013. The matter was heard by the Fair Work Commission, specifically the Full Bench, in Melbourne. The application for approval was brought by the applicant, B & J Catalano Pty Ltd, and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), was also involved in the proceedings.

The central legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the provisions of section 231 of the Act, including whether it contained the minimum terms and conditions prescribed by the Act and if it was fair and reasonable. Additionally, the court had to consider if the agreement was genuinely negotiated and if it provided for a proper process for the resolution of disputes.

The court examined the agreement clause by clause and considered the submissions from both parties. It found that the agreement largely complied with the minimum terms and conditions prescribed by the Fair Work Act. The court also assessed the fairness and reasonableness of the agreement, taking into account the submissions and evidence provided. After careful consideration, the court concluded that the agreement was fair and reasonable and that it had been genuinely negotiated. The court was satisfied that the agreement provided for an appropriate process for the resolution of disputes. Based on these findings, the court approved the agreement.

The final orders of the court were that the Plant Operator Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered by the Fair Work Commission and would remain in effect until it was terminated, expired, or replaced by a new agreement. The decision was made on the basis that the agreement met the statutory requirements for approval and was fair and reasonable 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