Cats Labour Hire Pty Ltd Summary

[2013] FWCA 4708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cats Labour Hire Pty Ltd
(AG2013/6718)

CATS LABOUR HIRE ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 JULY 2013

Application for approval of the Application for approval of the Cats Labour Hire Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cats Labour Hire Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding clause 10 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of the decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cats Labour Hire Pty Ltd applied for approval of the Cats Labour Hire Enterprise Agreement 2013. The application was made in the Fair Work Commission, where the Commission must determine whether the agreement meets the requirements of the Fair Work Act 2009. The application was contested by the Shop, Distributive and Allied Employees Association, which argued that the agreement failed to meet several criteria under the Act.

The legal issues before the Commission were whether the agreement was made in good faith, whether it contained the minimum terms and conditions required by the Act, and whether it was made by an authorised bargaining representative. The Commission considered submissions from both parties and examined the evidence provided. The Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. The Commission also found that the bargaining representative was authorised to make the agreement.

The Fair Work Commission approved the Cats Labour Hire Enterprise Agreement 2013. The Commission was satisfied that the agreement met all the requirements of the Act and that it was made in good faith. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission also noted that the agreement provided for a process for resolving disputes between the employer and employees. The Commission approved the agreement on the basis that it met all the requirements of the Act and was in the best interests of the employees covered by the agreement.

Cats Labour Hire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established