DECISION

Fair Work Act 2009
s.185—Enterprise agreement

C&L Ceilings Pty Ltd T/A C&L Ceilings
(AG2015/168)

C&L CEILINGS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 8 APRIL 2015

Application for approval of the C&L Ceilings Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the C&L Ceilings Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by C&L Ceilings Pty Ltd T/A C&L Ceilings. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from C&L Ceilings Pty Ltd T/A C&L Ceilings. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2015. The nominal expiry date of the Agreement is 8 April 2019.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

C&L Ceilings Pty Ltd, trading as C&L Ceilings, applied to the Fair Work Commission for approval of the C&L Ceilings Pty Ltd Enterprise Agreement 2014. The application was brought before the Commission's delegate, who was required to determine whether the agreement met the necessary conditions for approval under the Fair Work Act 2009. The dispute centred on whether the agreement complied with procedural and substantive requirements, including the provisions regarding the protection of employees' rights and entitlements.

The court needed to decide whether the enterprise agreement was genuinely negotiated and whether it provided for the proper protection of employees' rights and entitlements. Key issues included the adequacy of the negotiation process and whether the agreement met the standards set by the Fair Work Act. Additionally, the court had to assess whether the agreement included all mandatory terms and conditions as required by the Act.

The court considered the evidence provided by both parties and found that the agreement was genuinely negotiated and met the procedural requirements. The agreement provided for the proper protection of employees' rights and entitlements, including the minimum terms and conditions set out in the Fair Work Act. The court was satisfied that the negotiation process was fair and that the agreement complied with all necessary statutory provisions. The court approved the enterprise agreement, allowing it to take effect as of the date of the decision.

The court's final order was that the C&L Ceilings Pty Ltd Enterprise Agreement 2014 be approved and allowed to proceed as a registered agreement under the Fair Work Act 2009. This decision enables the agreement to be implemented, providing a legally binding framework for the employment relationship between the employer and the employees covered by the agreement.

C&L Ceilings Pty Ltd T/A C&L Ceilings

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established