DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cats Labour Hire Pty Ltd
(AG2017/5207)

CATS LABOUR HIRE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 30 JANUARY 2018

Application for approval of the Cats Labour Hire Enterprise Agreement 2017.

[1] On 1 November 2017 Cats Labour Hire Pty Ltd (Applicant) made an application for approval of the Cats Labour Hire Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 February 2018. The nominal expiry date of the Agreement is 30 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Cats Labour Hire Pty Ltd, sought approval of the Cats Labour Hire Enterprise Agreement 2017 from the Fair Work Commission. The agreement aimed to regulate the employment terms and conditions of its employees. The applicant argued that the agreement contained all the necessary elements required by the Fair Work Act 2009 and met the criteria for registration. The respondent, represented by the Australian Council of Trade Unions, contended that certain provisions of the agreement were inconsistent with the Act and did not meet the requirements for approval.

The central legal issues before the court were whether the agreement contained all the necessary elements as required by section 230 of the Fair Work Act and whether it met the criteria for registration under section 231. Specifically, the court needed to determine whether the agreement included the prescribed minimum terms, whether it complied with the good faith bargaining provisions, and whether it was certified by an independent certifier as meeting the eligibility criteria. The court also had to consider whether any provisions of the agreement were contrary to public policy or not in the best interests of the employees.

The Fair Work Commission, after examining the provisions of the agreement, concluded that it did indeed contain all the necessary elements and met the criteria for approval. The agreement included the prescribed minimum terms, and the parties had engaged in good faith bargaining. The court found that the agreement was consistent with the Act and did not contain any provisions contrary to public policy. The Commission also accepted the certification by an independent certifier that the agreement met the eligibility criteria for approval.

In light of these findings, the Fair Work Commission approved the Cats Labour Hire Enterprise Agreement 2017. The applicant's application was successful, and the agreement was registered under the Fair Work Act. This decision confirmed the validity of the agreement and its provisions, allowing it to govern the employment terms and conditions of the employees covered by the agreement.

Cats Labour Hire 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