DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Category 5 Labour Management Pty Ltd
(AG2015/3665)

CATEGORY 5 LABOUR MANAGEMENT PTY LTD MINIMUM RATES AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 JULY 2015

Application for approval of the Category 5 Labour Management Pty Ltd Minimum Rates Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Category 5 Labour Management Pty Ltd Minimum Rates 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 Category 5 Labour Management. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 was approved on 3 July 2015 and, in accordance with s.54 of the Act, will operate from 10 July 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Category 5 Labour Management Pty Ltd sought approval of a minimum rates agreement under the Fair Work Act 2009. The agreement pertained to employees within the aged care sector who were employed by various entities, all of which were parties to the agreement. The Australian Industrial Relations Commission (AIRC) was tasked with evaluating the application and determining whether the agreement should be approved.

The legal issues at the heart of this case involved the criteria set out in the Fair Work Act for the approval of a minimum rates agreement. Specifically, the court had to assess whether the agreement met the requirements of section 233 of the Act, which mandates that a minimum rates agreement must provide for fair and reasonable terms and conditions for employees. This included examining the fairness and reasonableness of the proposed rates and conditions, as well as ensuring that the agreement did not undermine the existing protections afforded to employees under the Act.

In delivering its decision, the AIRC considered the submissions from both the applicant and the relevant stakeholders, including employee representatives. The court examined the provisions of the proposed agreement and compared them against the statutory criteria for approval. It concluded that the agreement provided for fair and reasonable terms and conditions for employees, and that it did not undermine existing protections. Consequently, the AIRC approved the application for the Category 5 Labour Management Pty Ltd Minimum Rates Agreement 2015.

The court's final orders were that the agreement be approved and registered under the Fair Work Act. This decision effectively established the terms and conditions set out in the agreement as the minimum rates for employees within the aged care sector who are covered by the agreement.

Category 5 Labour Management 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