DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calotte Pty Ltd ATF Elliott Lily Trust
(AG2021/5143)

CALOTTE PTY LTD ENTERPRISE AGREEMENT 2020

Real estate industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 JUNE 2021

Application for approval of the Calotte Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Calotte Pty Ltd Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to subsection 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.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 June 2021. The nominal expiry date of the Agreement is 7 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Calotte Pty Ltd for approval of the Calotte Pty Ltd Enterprise Agreement 2020. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The company sought to have the agreement, which sought to regulate various aspects of employment conditions for its employees, formally approved by the Commission. The employees, represented by their union, raised concerns about several provisions within the agreement, questioning its compliance with the relevant legislative framework.

The primary legal issue before the Commission was whether the enterprise agreement complied with the mandatory provisions set out in the Fair Work Act, including the requirements for procedural fairness, the absence of provisions that would undermine the safety and health of employees, and whether the agreement provided for a proper process for resolving disputes. Additionally, the Commission had to consider whether the agreement met the threshold for being a “single interest” agreement and whether it had been genuinely negotiated between the parties.

In determining the application, the Commission examined the provisions of the agreement in detail, assessing whether they aligned with the legislative requirements. The Commission found that, while the agreement contained certain provisions that were not in strict compliance with the Act, these issues could be rectified through minor amendments. The Commission also concluded that the agreement had been genuinely negotiated and was in the best interests of the employees, given the overall benefits it provided. Accordingly, the Commission approved the agreement with certain conditions and amendments to ensure full compliance with the statutory requirements.

The Fair Work Commission approved the Calotte Pty Ltd Enterprise Agreement 2020, subject to certain conditions and amendments to address the non-compliant provisions. The Commission directed that specific clauses be modified to ensure alignment with the Fair Work Act, and it mandated that the parties undertake a review process to ensure ongoing compliance with the legislative framework. The decision was communicated to the parties, who were required to implement the necessary changes and comply with the conditions set by the Commission.

Calotte Pty Ltd ATF Elliott Lily Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established