DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catalpa Management Resources Pty Ltd
(AG2016/3958)

CATALPA MANAGEMENT RESOURCES PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 AUGUST 2016

Application for approval of the Catalpa Management Resources Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Catalpa Management Resources Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catalpa Management Resources 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2016. The nominal expiry date of the Agreement is 23 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Catalpa Management Resources Pty Ltd applied for the approval of the Catalpa Management Resources Pty Ltd Enterprise Agreement 2016. The dispute involved the terms and conditions of employment for workers within the company, particularly those covered by the proposed agreement. The Commission was tasked with determining 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 had been made in accordance with the procedural requirements of the Act, and whether it contained terms that were contrary to public policy or otherwise unenforceable. Specifically, the Commission needed to assess if the agreement complied with the provisions regarding bargaining representation, good faith bargaining, and the inclusion of essential terms. Additionally, the Commission examined if the agreement contained terms that were contrary to public policy or otherwise unenforceable.

The Commission found that the agreement had been made in accordance with the relevant provisions of the Act, including that it was the product of genuine attempts at conciliation and good faith bargaining. The agreement was deemed to cover all relevant employees and to include the necessary minimum terms as stipulated by the Act. The Commission also determined that the agreement did not contain any terms that were contrary to public policy or otherwise unenforceable. As such, the application for approval was granted, and the Catalpa Management Resources Pty Ltd Enterprise Agreement 2016 was approved.

No further orders were made beyond the approval of the enterprise agreement. The decision highlights the importance of ensuring that enterprise agreements are made through genuine and good faith bargaining processes, and that they comply with all legal requirements for approval.

Catalpa Management Resources 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