DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CA & I Pty Ltd
(AG2016/4190)

CA & I PTY LTD ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	HOBART, 16 SEPTEMBER 2016

Application for approval of the CA & I Pty Ltd Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the CA & I Pty Ltd Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CA & I Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2016. The nominal expiry date of the Agreement is 15 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by CA & I Pty Ltd for approval of the CA & I Pty Ltd Enterprise Agreement 2016-2019. The applicant, CA & I Pty Ltd, is an employer in the construction industry, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), represents the employees. The dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for registration as a registered agreement.

The key legal issues the court had to decide were whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, whether it contained the necessary minimum terms and conditions, and whether it was fair and reasonable. In particular, the court needed to assess if the agreement had been made free from any improper influence or coercion and if it provided adequate protections and entitlements for the employees.

The Fair Work Commission found that the agreement had been made in good faith and without any coercion or improper influence. It concluded that the agreement contained all the required minimum terms and conditions and that it was fair and reasonable. The court noted that the agreement provided for appropriate wage rates, leave entitlements, and other employment conditions that were consistent with industry standards. The court also highlighted the involvement of independent experts and the extensive consultation process that had taken place between the parties. Based on these findings, the Commission approved the application for registration of the enterprise agreement.

The Fair Work Commission ordered that the CA & I Pty Ltd Enterprise Agreement 2016-2019 be registered, effective from the date of the decision. This registration means that the agreement will be legally binding on both the employer and the employees and will apply until it is replaced by a new agreement or expires according to its terms.

CA & I 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