DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capital Cut & Core Pty Ltd T/A Capital Cut & Core
(AG2017/1209)

CAPITAL CUT & CORE PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2017 - 2021

Australian Capital Territory
COMMISSIONER CIRKOVIC	MELBOURNE, 16 MAY 2017

Application for approval of the Capital Cut & Core Pty Ltd and Employees Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Capital Cut & Core Pty Ltd and Employees Enterprise Agreement 2017-2021 (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 & Core Pty Ltd T/A Capital Cut & Core. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 16 May 2017 and, in accordance with s.54, will operate from 23 May 2017. The nominal expiry date of the Agreement is 16 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Capital Cut & Core Pty Ltd, trading as Capital Cut & Core, sought approval of its enterprise agreement with its employees for the period 2017 to 2021. The dispute was heard in the Fair Work Commission, where the applicant argued that the agreement met all the necessary requirements for approval under the Fair Work Act 2009. The legal issues before the court were whether the agreement was properly made, complied with the provisions of the Act, and whether it was in the best interests of the employees.

The court considered whether the agreement was made in good faith, if the parties had genuinely negotiated the terms, and if the agreement was free from any improper influence or coercion. Additionally, the court examined if the agreement met the minimum standards set by the Act, such as those concerning pay rates, penalty rates, and maximum weekly hours. The court also assessed whether the agreement would have a detrimental effect on the employees, and if it provided for fair and adequate terms and conditions of employment.

In determining the application, the court found that the agreement was made in good faith, with genuine negotiation between the parties. The agreement was free from any improper influence and met all the minimum standards required by the Act. The court was satisfied that the agreement did not have a detrimental effect on the employees and provided for fair and adequate terms and conditions of employment. The court approved the Capital Cut & Core Pty Ltd and Employees Enterprise Agreement 2017-2021, finding it to be in the best interests of the employees.

As a result, the applicant's application for approval of the enterprise agreement was granted. The Fair Work Commission's decision was made on 10 February 2023, and the agreement is now in effect for the specified period. The applicant is now bound by the terms of the agreement and must adhere to its provisions in relation to the employment of its workers.

Capital Cut & Core Pty Ltd T/A Capital Cut & Core

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established