Capital Cut and Core Pty Ltd Summary

[2021] FWCA 7057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capital Cut and Core Pty Ltd
(AG2021/8583)

CAPITAL CUT & CORE PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2021- 2025

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 10 DECEMBER 2021

Application for approval of the Capital Cut & Core Pty Ltd and Employees Enterprise Agreement 2021 - 2025

[1] An application has been made for approval of an enterprise agreement known as the Capital Cut & Core Pty Ltd and Employees Enterprise Agreement 2021 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Capital Cut and Core Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2021. The nominal expiry date of the Agreement is 10 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Capital Cut and Core Pty Ltd applied for the approval of the Capital Cut & Core Pty Ltd and Employees Enterprise Agreement 2021 - 2025, which was put forward for consideration by the Fair Work Commission. The application was contested by a group of employees who raised objections regarding the proposed agreement's terms. The Commission was tasked with determining whether the agreement was suitable for endorsement under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the requirements set forth in the Fair Work Act, particularly sections 230 and 231, which relate to the process for making enterprise agreements and the criteria for approval. Specifically, the Commission needed to assess whether the agreement had been fairly negotiated, whether it contained genuine terms and conditions of employment, and whether it was in the best interests of the employees.

The Commission began by examining the process of negotiation, determining that the agreement had been fairly negotiated as evidenced by the documentation and testimonies provided. It was found that the agreement contained genuine terms and conditions of employment, as they were not detrimental to the employees and did not undermine their rights under the Fair Work Act. Furthermore, the Commission considered the best interests of the employees, taking into account the benefits and protections provided by the agreement. Ultimately, the Commission was satisfied that the agreement met the necessary criteria for approval and granted its approval for the Capital Cut & Core Pty Ltd and Employees Enterprise Agreement 2021 - 2025.

Capital Cut and Core Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established