DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carey Group Holdings Pty Ltd
(AG2017/6721)

CAREY GROUP -CIVIL & CONSTRUCTION ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 11 MAY 2018

Application for approval of the Carey Group -Civil & Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Carey Group -Civil & Construction Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carey Group Holdings 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 18 May 2018. The nominal expiry date of the Agreement is 10 May 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Carey Group Holdings Pty Ltd applied for approval of the Carey Group -Civil & Construction Enterprise Agreement, which was contested by several unions. The dispute came before the Fair Work Commission in Australia. The unions argued that the proposed agreement did not adequately address several critical issues, including minimum wages, penalty rates, and the definition of shiftwork.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly regarding the provision of procedural fairness, and whether the agreement provided for a safety net of minimum terms and conditions for employees. Additionally, the Commission had to determine if the agreement complied with the contemporary standards of fairness as required by the Fair Work Act.

In its decision, the Commission found that the proposed agreement did meet the necessary requirements under the Fair Work Act. The Commission held that the agreement provided for a safety net of minimum terms and conditions, was procedurally fair, and complied with contemporary standards of fairness. The Commission approved the proposed agreement, highlighting that it addressed the essential needs of both employers and employees within the industry.

The Fair Work Commission approved the Carey Group -Civil & Construction Enterprise Agreement, dismissing the objections raised by the unions.

Carey Group Holdings 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