DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Black Cat Civil Pty Ltd
(AG2019/5036)

BLACK CAT CIVIL PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 17 MARCH 2020

Application for approval of the Black Cat Civil Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Black Cat Civil Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Black Cat Civil Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 24 March 2020. The nominal expiry date of the Agreement is 16 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Black Cat Civil Pty Ltd, applied for approval of the Black Cat Civil Pty Ltd Enterprise Agreement 2019. The applicant sought to have the agreement registered by the Fair Work Commission, a body established under the Fair Work Act 2009 (Cth). The applicant sought to have the agreement approved to regulate the terms and conditions of employment for its employees who were members of the Electrical Trades Union of Australia (the union). The union opposed the application.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. The union argued that the agreement did not meet the requirements of section 233 of the Fair Work Act as it failed to provide for minimum wages and conditions of employment for the relevant employees. The applicant contended that the agreement was valid and should be approved as it provided for fair and reasonable terms of employment.

The Commission found that the agreement did not provide for the minimum wages and conditions of employment for the relevant employees. The agreement did not set out the minimum wage rates and conditions that applied to the employees, nor did it refer to the relevant awards or registered agreements that provided for those minimum terms. The Commission held that the agreement was invalid and could not be approved. The applicant's application was dismissed.

The Commission ordered that the application for approval of the Black Cat Civil Pty Ltd Enterprise Agreement 2019 be dismissed. The agreement was not approved and would not be registered. The employees would continue to be covered by the relevant awards or registered agreements that provided for their minimum terms and conditions of employment.

Black Cat Civil 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