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

[2024] FWCA 2861

[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

1. 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. 

1. 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. 

1. 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. 

1. 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.

1. 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.

1. 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. 

1. 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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