Black Cat Civil Pty Ltd

[2014] FWCA 2828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Black Cat Civil Pty Ltd
(AG2014/918)

BLACK CAT CIVIL PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 8 MAY 2014

Application for approval of the Black Cat Civil Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 17 April 2014 by Black Cat Civil Pty Ltd for the approval of a single-enterprise agreement known as the Black Cat Civil Pty Ltd Enterprise Agreement 2014 (“the Agreement”).

[2] On 5 May 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Black Cat Civil Pty Ltd applied for approval of the Black Cat Civil Pty Ltd Enterprise Agreement 2014 before the Fair Work Commission. The agreement was submitted by the applicant for the purposes of section 233 of the Fair Work Act 2009. The primary issue before the Commission was whether the enterprise agreement met the requirements for approval under the Act. Specifically, the Commission had to determine whether the agreement contained all the terms required by section 233 of the Act, and whether it complied with the provisions of the Fair Work Act relating to procedural fairness, good faith bargaining, and the avoidance of coercion or undue influence.

The Commission examined the agreement in detail, considering whether it included all the prescribed terms and whether it complied with the procedural requirements set out in the Act. The Commission also assessed whether the agreement had been made in good faith and without coercion. The applicant provided evidence and submissions to support the approval of the agreement, while the respondents raised concerns about certain provisions of the agreement. The Commission weighed all the evidence and submissions before making its decision.

After careful consideration, the Commission found that the enterprise agreement complied with the requirements of the Fair Work Act. The agreement contained all the prescribed terms and was made in accordance with the procedural requirements of the Act. The Commission was satisfied that the agreement had been made in good faith and without coercion. Consequently, the Commission approved the Black Cat Civil Pty Ltd Enterprise Agreement 2014. The approval took effect from the date of the Commission's decision, and the agreement became a legally binding contract between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established