DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carfax Commercial Constructions Pty Ltd
(AG2020/1606)

CARFAX COMMERCIAL CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2020

Application for approval of the Carfax Commercial Constructions Pty Ltd Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Carfax Commercial Constructions Pty Ltd Enterprise Agreement 2020 - 2023 (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 Agreement is a single enterprise agreement.

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

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 5.4.4 – Payment of Wages;

• Clause 9.6.4 – Notice of Absence;

• Clause 12.4.4 – Abandonment of Employment;

• Clause 12.5.1 – Summary Dismissal; and

• Clause 13 – Redundancy.

However, noting clause 3.4.5(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2020. The nominal expiry date of the Agreement is 26 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Carfax Commercial Constructions Pty Ltd applied for the approval of the Carfax Commercial Constructions Pty Ltd Enterprise Agreement 2020 - 2023. The applicant is a commercial construction company, and the dispute centred around the terms and conditions of employment for its employees as set out in the proposed enterprise agreement. The application was heard by the Commission, which needed to decide whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained all the mandated minimum terms, whether it was free from prohibited content, and whether it had been genuinely agreed upon by the parties. Specifically, the Commission had to examine the agreement to ensure that it included provisions on wages, penalties, hours of work, and other employment conditions as stipulated by the Act. Additionally, the Commission assessed the agreement for any content that could be considered discriminatory or otherwise prohibited.

The Commission found that the agreement contained all the mandated minimum terms and was free from prohibited content. It concluded that the agreement had been genuinely negotiated and agreed upon by the parties. The Commission was satisfied that the agreement met the necessary legal standards and would provide for fair and reasonable employment conditions for the employees. Consequently, the application for approval was granted.

The Fair Work Commission approved the Carfax Commercial Constructions Pty Ltd Enterprise Agreement 2020 - 2023, effective from the date of the decision. The approved agreement is to be registered with the Commission and will govern the employment terms of the employees covered by the agreement for the specified period.

Carfax Commercial Constructions 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