Carfax Commercial Constructions Pty Ltd

[2023] FWCA 1966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Carfax Commercial Constructions Pty Ltd

(AG2023/1839)

CARFAX COMMERCIAL CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2023 – 2027

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 29 JUNE 2023

Application for approval of the Carfax Commercial Constructions Pty Ltd Enterprise Agreement 2023 – 2027

An application has been made for approval of an enterprise agreement known as the Carfax Commercial Constructions Pty Ltd Enterprise Agreement 2023 – 2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carfax Commercial Constructions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the Carfax Commercial Constructions Pty Ltd Enterprise Agreement 2023 – 2027 was heard by the Fair Work Commission. The applicant, Carfax Commercial Constructions Pty Ltd, sought approval for a new enterprise agreement that would govern the terms and conditions of employment for its employees within the construction industry. The application was contested by the Building and Construction Union, which represented the employees. The primary dispute centred on the fairness and compliance of the proposed agreement with relevant industrial laws and standards.

The central legal issues before the Commission involved assessing whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the provisions for minimum entitlements, procedural fairness, and the protection of employee rights. The Commission had to determine if the agreement was made in good faith, whether it provided for fair and reasonable terms, and if it complied with the procedural prerequisites necessary for its approval.

The Fair Work Commission carefully examined the terms of the proposed agreement and considered submissions from both parties. The Commission noted that the agreement included provisions for minimum wage rates, hours of work, leave entitlements, and dispute resolution mechanisms, all of which appeared to align with the statutory minimum standards. The Commission was satisfied that the agreement was made in good faith and that the process leading to its creation was procedurally fair. It also found that the agreement provided for terms and conditions that were fair and reasonable, taking into account the specific circumstances of the industry and the bargaining positions of the parties.

Consequently, the Fair Work Commission approved the Carfax Commercial Constructions Pty Ltd Enterprise Agreement 2023 – 2027, determining that it met all the necessary requirements under the Fair Work Act. The agreement was deemed to be a valid and enforceable enterprise agreement, effective from the date of the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established