DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catalpa Construction Services Pty Ltd
(AG2015/3116)

CATALPA CONSTRUCTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 JUNE 2015

Application for approval of the Catalpa Construction Services Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Catalpa Construction Services Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catalpa Construction Services 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 29 June 2015 and, in accordance with s.54 of the Act, will operate from 6 July 2015. The nominal expiry date of the Agreement is 28 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Catalpa Construction Services Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement. The applicant, along with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought to have the agreement registered under the Fair Work Act 2009. The primary nature of the dispute was whether the proposed agreement complied with the legislative requirements for enterprise agreements.

The legal issues before the court encompassed several key elements. These included whether the agreement had been made in good faith, if it had been made without coercion or undue influence, and whether it met the criteria for "single-touch" enterprise agreements. Additionally, the court had to determine if the agreement provided adequate protections for employees, particularly in relation to the classification and remuneration of workers.

The Fair Work Commission, in its decision, carefully examined the provisions of the proposed agreement. It noted that the agreement was negotiated in good faith and without coercion. The Commission found that the agreement met the requirements for a single-touch enterprise agreement, as it covered all employees within the specified bargaining unit. Furthermore, the Commission was satisfied that the agreement provided adequate protections for employees, including provisions for classification and remuneration. Consequently, the Commission approved the Catalpa Construction Services Pty Ltd Enterprise Agreement 2015.

In approving the agreement, the Commission issued an order for its registration under the Fair Work Act 2009, effective from the date of the decision. This registration meant that the terms of the agreement would apply to all employees covered by the agreement, ensuring that both the employer and employees were bound by the negotiated terms.

Catalpa Construction Services 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