DECISION

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

Cam Cab Consultancy Pty Ltd
(AG2019/738)

CAM CAB CONSULTANCY PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 2 JULY 2019

Application for approval of the Cam Cab Consultancy Pty Ltd and Employees Enterprise Agreement 2019-2022.

[1] An application (Form F16) has been filed by Cam Cab Consultancy Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Cam Cab Consultancy Pty Ltd and Employees Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding:

• Entitlements of shift workers;

• Individual flexibility arrangements; and

• Employee allowances.

[3] A copy of the undertakings is attached at the end of the Agreement. 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. The bargaining representative has approved the undertakings.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 4 years from the date of approval.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Cam Cab Consultancy Pty Ltd, an applicant, sought approval for an enterprise agreement, referred to as the Cam Cab Consultancy Pty Ltd and Employees Enterprise Agreement 2019-2022. The application was lodged with the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards and criteria for approval. The primary dispute centred on the fairness of the terms and conditions outlined in the proposed agreement, with several parties expressing concerns about specific provisions.

The legal issues the court was required to decide involved the assessment of whether the agreement was in the best interests of the employees, considering factors such as fairness, the rights and obligations of the parties, and compliance with the relevant industrial laws. The court also had to evaluate whether the agreement adequately provided for the protection of employees' rights, including minimum wage rates, leave entitlements, and other conditions of employment. Furthermore, the court considered whether the agreement had been negotiated in good faith and whether it contained terms that were necessary for the efficient operation of the business.

In its decision, the Fair Work Commission examined the details of the proposed agreement, assessing whether it met the standards of fairness and compliance with industrial laws. The court found that, while some provisions raised concerns, the overall agreement was in the best interests of the employees, considering factors such as the negotiation process, the rights and obligations of the parties, and the efficient operation of the business. The court determined that the agreement was fair and appropriate, and thus approved the Cam Cab Consultancy Pty Ltd and Employees Enterprise Agreement 2019-2022. The final orders included the approval of the agreement, with the terms and conditions as outlined in the proposal.

Cam Cab Consultancy 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