DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carfax Commercial Constructions Pty Ltd
(AG2017/3437)

CARFAX COMMERCIAL CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the Carfax Commercial Constructions Pty Ltd Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Carfax Commercial Constructions Pty Ltd Enterprise Agreement 2017-2020 (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] 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 16 November 2017. The nominal expiry date of the Agreement is 8 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Carfax Commercial Constructions Pty Ltd applied for approval of their enterprise agreement with the Fair Work Commission. The enterprise agreement, which was due to expire in 2020, covered a range of issues including wages, hours of work, leave entitlements, and other employment conditions for employees within the construction industry. The application was heard by the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009.

The key legal issues the court was required to decide were whether the agreement was fair and reasonable, and whether it complied with the requirements of the Fair Work Act. The court also needed to consider whether the agreement had been made in good faith and whether it provided for a fair and efficient system of determining wages and other conditions of employment. The court needed to ensure that the agreement did not undermine the protection of employees' rights and that it provided for a fair and efficient system of determining wages and other conditions of employment.

The court found that the enterprise agreement was fair and reasonable and complied with the requirements of the Fair Work Act. The agreement provided for a fair and efficient system of determining wages and other conditions of employment, and it did not undermine the protection of employees' rights. The court was satisfied that the agreement had been made in good faith, and that the parties had genuinely negotiated the terms of the agreement. The court approved the Carfax Commercial Constructions Pty Ltd Enterprise Agreement 2017-2020, and it will now be legally binding on the parties until it expires in 2020.

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