Category 5 Labour Management (Wa) Pty Ltd T/A Cat 5

[2024] FWCA 2861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Category 5 Labour Management (Wa) Pty Ltd T/A Cat 5

(AG2024/2666)

CAT WA CIVIL ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 2 AUGUST 2024

Application for approval of the Cat WA Civil Enterprise Agreement 2024

Category 5 Labour Management (WA) Pty Ltd T/A Cat 5 (the Applicant) has applied for approval of a single enterprise agreement known as the Cat WA Civil Enterprise Agreement 2024 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached to the Agreement. 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.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Clause 5 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 August 2024. The nominal expiry date of the Agreement is 2 August 2028.

COMMISSIONER

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CaseChat Overview and Summary

Category 5 Labour Management, trading as Cat 5, applied to the Fair Work Commission for approval of the Cat WA Civil Enterprise Agreement 2024. The application arose following the submission of the agreement by the company to the Commission for its assessment and subsequent approval under the Fair Work Act 2009. The agreement in question was proposed to cover the employees of Category 5 Labour Management in Western Australia, outlining various terms and conditions of employment.

The primary legal issues before the Commission involved whether the agreement complied with the formal and substantive requirements of the Fair Work Act. Specifically, the Commission had to determine whether the agreement met the criteria for being a 'single enterprise agreement', including the necessity for a genuine enterprise bargaining agreement and compliance with the procedural requirements for its submission. The Commission also examined the agreement's provisions to ensure they did not contravene any of the provisions of the Fair Work Act, such as those relating to minimum wages, penalty rates, and other conditions of employment.

The Fair Work Commission found that the Cat WA Civil Enterprise Agreement 2024 was a genuine enterprise bargaining agreement, meeting the formal and procedural requirements set out in the Fair Work Act. The Commission noted that the agreement had been developed through a proper process of enterprise bargaining and that the parties had engaged in good faith negotiations. Additionally, the agreement was found to comply with the substantive requirements of the Act, including the provision of minimum wages and other essential terms and conditions. As a result, the Commission approved the agreement, recognising it as a valid and enforceable enterprise agreement.

The final orders of the Fair Work Commission included the approval of the Cat WA Civil Enterprise Agreement 2024, effective from the date of the Commission's decision. The agreement was to apply to the employees of Category 5 Labour Management in Western Australia, as specified in the application. The Commission's decision provided clarity and legal certainty regarding the terms and conditions of employment under the approved agreement, facilitating the relationship between the employer and employees within the scope of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established