C&L Ceilings Pty Ltd Summary

[2024] FWCA 1422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

C&L Ceilings Pty Ltd

(AG2024/1147)

C&L CEILINGS PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 APRIL 2024

Application for approval of the C&L Ceilings Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the C&L Ceilings Pty Ltd Enterprise Agreement 2023 (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. The Agreement is a single enterprise agreement.

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

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 23.5 – Public Holidays
· Clause 28.7 – Return of Property

However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2024. The nominal expiry date of the Agreement is 18 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved C&L Ceilings Pty Ltd, an employer, and a union representing its employees. The dispute centred on the proposed Enterprise Agreement for the year 2023, which the union sought to have approved by the Fair Work Commission. The matter was heard in the Fair Work Commission, a tribunal with jurisdiction to oversee and approve such agreements under Australian labour law.

The primary legal issue before the Commission was whether the proposed agreement met the necessary statutory requirements and whether it was in the best interests of the employees. This included assessing whether the agreement was negotiated in good faith and whether it provided fair and reasonable terms for the employees. The Commission also needed to determine if the agreement complied with the relevant provisions of the Fair Work Act 2009.

In making its decision, the Commission considered the evidence and submissions presented by both parties. It examined the negotiation process, the terms of the agreement, and its implications for the employees. The Commission found that the agreement was negotiated in good faith and provided fair and reasonable terms for the employees. It also concluded that the agreement complied with all relevant statutory requirements. Consequently, the Commission approved the Enterprise Agreement 2023.

The Fair Work Commission approved the Enterprise Agreement 2023 for C&L Ceilings Pty Ltd, effective from the date of the decision. The agreement now binds both the employer and the employees, setting out the terms and conditions of employment for the specified period. This decision ensures that the parties can move forward with certainty regarding their employment arrangements.

C&L Ceilings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established