DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catalpa Management Resources Pty Ltd
(AG2015/5999)

CATALPA MANAGEMENT RESOURCES NSW ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 NOVEMBER 2015

Application for approval of the Catalpa Management Resources NSW Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Catalpa Management Resources NSW 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 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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2015. The nominal expiry date of the Agreement is 11 November 2017.

COMMISSIONER

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CaseChat Overview and Summary

Catalpa Management Resources Pty Ltd was the subject of an application for the approval of the Catalpa Management Resources NSW Enterprise Agreement 2015. The applicant, Catalpa, sought the endorsement of the agreement by the Fair Work Commission. The nature of the dispute was whether the agreement complied with the relevant legislative requirements and standards of the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement met the criteria for approval as outlined in the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms, did not undermine the rights of employees, and had been genuinely negotiated between the employer and the employees' representatives. Additionally, the court had to consider whether the agreement complied with the Fair Work (Registered Organisations) Act 2009, specifically regarding the representation of employees.

The court found that the Catalpa Management Resources NSW Enterprise Agreement 2015 was in compliance with the relevant legislative requirements. The agreement was deemed to provide for fair and reasonable terms, did not undermine the rights of employees, and had been genuinely negotiated between the employer and the employees' representatives. The court also found that the agreement complied with the Fair Work (Registered Organisations) Act 2009.

Consequently, the court approved the Catalpa Management Resources NSW Enterprise Agreement 2015. This decision ensured that the agreement could be implemented, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

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