Carfax Commercial Constructions Pty Ltd

[2014] FWCA 3103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Carfax Commercial Constructions Pty Ltd
(AG2014/939)

CARFAX COMMERCIAL CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 MAY 2014

Application for approval of the Carfax Commercial Constructions Pty Ltd Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as Carfax Commercial Constructions Pty Ltd Enterprise Agreement 2014 - 2017 (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.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 12 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Carfax Commercial Constructions Pty Ltd, the Fair Work Commission was asked to consider an application for the approval of an enterprise agreement between the company and its employees. The agreement, which was proposed for the period of 2014 to 2017, contained various terms and conditions relating to employment, wages, and other employment-related matters. The dispute centred on whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009, specifically whether it provided for the "better off overall test" and the "no disadvantaged test."

The court was required to determine whether the proposed agreement satisfied the statutory requirements for approval. This involved examining whether the agreement provided for terms and conditions that were at least as good as those provided under the applicable award or modern award, and whether it did not disadvantage any employee in comparison to their previous terms and conditions. The court also had to consider whether the agreement was made in good faith and whether it was in the best interests of the employees.

The Fair Work Commission found that the proposed agreement did indeed meet the statutory requirements for approval. The court was satisfied that the agreement provided for terms and conditions that were at least as good as those provided under the applicable award or modern award and did not disadvantage any employee. The court further found that the agreement was made in good faith and was in the best interests of the employees. The commission was also satisfied that the agreement met the "better off overall test" and the "no disadvantaged test."

The Fair Work Commission approved the proposed enterprise agreement, determining that it met all the necessary legal criteria for approval. The agreement was found to provide for terms and conditions that were at least as good as those provided under the applicable award or modern award, did not disadvantage any employee, and was made in good faith and in the best interests of the employees. The court's decision provided clarity for both the employer and employees regarding the terms and conditions of their employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established