DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Category 5 Labour Management (WA) Pty Ltd T/A Category 5 Labour Management (WA) Pty Ltd
(AG2020/1672)

CAT 5 WA ENTERPRISE AGREEMENT 2020

Rail industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 JULY 2020

Application for approval of the Cat 5 WA Enterprise Agreement 2020.

[1] Category 5 Labour Management (WA) Pty Ltd T/A Category 5 Labour Management (WA) Pty Ltd has made an application for the approval of an enterprise agreement known as the Cat 5 WA Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[4] In compliance with s 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] The Agreement was approved on 23 July 2020 and, in accordance with s 54, will operate from 30 July 2020. The nominal expiry date of the Agreement is 23 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Category 5 Labour Management (WA) Pty Ltd sought approval of the Cat 5 WA Enterprise Agreement 2020. The primary dispute involved the terms and conditions of employment for employees in the construction industry within Western Australia. The Commission was tasked with determining whether the proposed agreement complied with the relevant legislative requirements and whether it met the standard of being a "better off overall test" for the employees.

The legal issues before the Commission included whether the proposed agreement adequately covered the required minimum terms and conditions, whether it provided for adequate protections and entitlements for employees, and whether it was likely to be accepted by the employees. Additionally, the Commission had to assess whether the agreement met the "better off overall test," which required the employees to be no worse off and at least some employees to be better off financially under the new agreement compared to the previous agreement or applicable awards.

The Commission found that the proposed agreement satisfied the legislative requirements and provided adequate protections and entitlements for the employees. It concluded that the agreement was likely to be accepted by the employees and met the "better off overall test." The Commission approved the Cat 5 WA Enterprise Agreement 2020, stating that it would provide improved conditions for the employees while maintaining a fair balance between the interests of the employer and employees. The approval was contingent on the employer implementing the agreement in accordance with the terms specified.

The Fair Work Commission approved the Cat 5 WA Enterprise Agreement 2020, subject to the employer implementing the agreement as per the terms of the approval. The decision recognised the balance achieved by the agreement in terms of the rights and interests of both the employer and the employees.

Category 5 Labour Management (WA) Pty Ltd T/A Category 5 Labour Management (WA) 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