DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catalpa Management Resources Pty Ltd
(AG2021/4093)

CATALPA MANAGEMENT RESOURCES PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 31 MARCH 2021

Application for approval of the Catalpa Management Resources Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Catalpa Management Resources Pty Ltd Enterprise Agreement 2021 (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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and in accordance with s.54, will operate from 7 April 2021. The nominal expiry date of the Agreement is 30 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Catalpa Management Resources Pty Ltd applied to the Fair Work Commission for approval of the Catalpa Management Resources Pty Ltd Enterprise Agreement 2021. The application was contested by the Australian Services Union. The dispute involved the terms and conditions of employment of employees under the agreement. The Fair Work Commission was required to decide whether the agreement met the requirements of the Fair Work Act 2009 for an enterprise agreement to be approved. This included assessing whether the agreement was in the best interests of the employees and whether it complied with the procedural requirements of the Act.

The Commission found that the agreement met the requirements of the Act. It considered the fairness and reasonableness of the terms and conditions of employment and found that they were appropriate given the nature of the business and the bargaining positions of the parties. The Commission also found that the agreement complied with the procedural requirements of the Act, including the requirement that the agreement be in writing and be made by the majority of employees in the enterprise. The Commission approved the agreement and made an order accordingly.

The approval of the agreement is significant for the parties and their employees as it provides certainty and stability in their industrial relations arrangements. The agreement sets out the terms and conditions of employment for the employees, including their wages, hours of work, leave entitlements, and other matters. The approval of the agreement also provides a framework for the parties to resolve any future disputes that may arise in the course of their employment relationship. The decision is a reminder of the importance of enterprise agreements in promoting harmonious and productive industrial relations.

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