CA & I Pty Ltd

[2013] FWCA 2877

FAIR WORK COMMISSION

DECISION

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

CA & I Pty Ltd
(AG2013/6259)

CA & I PTY LTD ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 10 MAY 2013

Application for approval of the CA & I Pty Ltd Enterprise Agreement 2013 - 2016 .

[1] An application has been made for approval of an enterprise agreement known as the CA & I Pty Ltd Enterprise Agreement 2013-2016 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by CA & I Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 17 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CA & I Pty Ltd, an employer, applied for the approval of the Enterprise Agreement 2013-2016 with its employees. The Fair Work Commission was the court that heard the matter. The agreement aimed to establish terms and conditions for the employees working under the company. The application for approval was contested by the Australian Manufacturing Workers' Union (AMWU), which represented some of the employees.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the AMWU argued that the agreement failed to adequately protect employee entitlements in several areas. The Commission had to determine if the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement did not sufficiently protect employee entitlements in certain areas, such as provisions for redundancy and termination payments. However, the Commission also found that the agreement contained other provisions that adequately protected the employees' interests, such as provisions for minimum wage rates and annual leave entitlements. After considering all the evidence and arguments presented, the Commission determined that the agreement was fair and reasonable overall and approved it. The approval of the agreement was subject to certain conditions, including the requirement that the employer provide the union with certain information and data relating to the employees' entitlements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established