DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Career Boss Commercial Pty Ltd
(AG2018/20)

CAREER BOSS COMMERCIAL ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 31 JANUARY 2018

Application for approval of the Career Boss Commercial Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Career Boss Commercial Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Career Boss Commercial Pty Ltd. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2018. The nominal expiry date of the Agreement is 30 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Career Boss Commercial Pty Ltd for the approval of the Career Boss Commercial Enterprise Agreement 2017. The applicant, an employer, sought to have the agreement registered with the Fair Work Commission. The dispute arose as the applicant and its employees were unable to reach an agreement on the terms of employment, necessitating the intervention of the Commission.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement contained all the prescribed terms and whether it had been fairly negotiated. Additionally, the Commission needed to assess whether the agreement would have a testable improvement in the terms and conditions of employment for the employees.

In determining the application, the Fair Work Commission considered the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission examined the proposed agreement to ensure it included all the prescribed minimum terms and conditions and assessed the negotiation process to confirm it was genuinely undertaken. The Commission also evaluated whether the agreement provided a testable improvement over the existing conditions of employment. After thorough consideration, the Commission concluded that the agreement met all the necessary criteria for approval. The proposed agreement was found to include all prescribed terms, was genuinely negotiated, and provided a testable improvement in the terms and conditions of employment.

The Fair Work Commission approved the Career Boss Commercial Enterprise Agreement 2017, thereby registering it under the Fair Work Act 2009. This decision ensured that the terms and conditions outlined in the agreement would govern the employment relationship between Career Boss Commercial Pty Ltd and its employees, subject to the provisions of the Act. The approval signified that the agreement had met all legal requirements and provided a fair basis for the terms of employment going forward.

Career Boss Commercial 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