DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catalyst Communication Rigging Pty Ltd T/A Catalyst Communication Rigging Pty Ltd
(AG2020/66)

CATALYST COMMUNICATION RIGGING ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 MARCH 2020

Application for approval of the Catalyst Communication Rigging Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Catalyst Communication Rigging Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Catalyst Communication Rigging Pty Ltd T/A Catalyst Communication Rigging Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2020. The nominal expiry date of the Agreement is 8 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Catalyst Communication Rigging Pty Ltd, sought approval of the Catalyst Communication Rigging Enterprise Agreement 2019. The matter was heard in the Fair Work Commission, with the Fair Work Regulator also participating. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009. The applicant argued that the agreement met all necessary requirements, including the "better off overall test". The Fair Work Regulator opposed the approval, arguing that the agreement did not meet the "better off overall test" and that certain provisions were unfair.

The court was required to determine whether the agreement met all the necessary legal criteria for approval, including whether it was "simple, fair and portable", and whether it passed the "better off overall test". The court also had to consider whether any provisions in the agreement were unfair. The applicant argued that the agreement was fair and met the "better off overall test", while the Fair Work Regulator argued that it did not meet the necessary criteria.

The court found that the agreement met all the necessary legal criteria for approval. The court found that the agreement was simple, fair and portable, and that it passed the "better off overall test". The court also found that none of the provisions in the agreement were unfair. The court approved the agreement under section 232 of the Fair Work Act 2009.

The court approved the Catalyst Communication Rigging Enterprise Agreement 2019, finding that it met all necessary legal criteria, including the "better off overall test", and that none of the provisions were unfair.

Catalyst Communication Rigging Pty Ltd T/A Catalyst Communication Rigging 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