DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catten Installation Services Pty Ltd T/A Catten Installation Services
(AG2020/3091)

CIS PTY LTD ENTERPRISE AGREEMENT 2020-2024

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 6 NOVEMBER 2020

Application for approval of the CIS Pty Ltd Enterprise Agreement 2020-2024.

[1] Catten Installation Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the CIS Pty Ltd Enterprise Agreement 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 6 November 2020 and, in accordance with s 54, will operate from 13 November 2020. The nominal expiry date of the Agreement is 6 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Catten Installation Services Pty Ltd, trading as Catten Installation Services, sought approval of the 2020-2024 Enterprise Agreement from the Fair Work Commission. The Fair Work Commission was asked to determine if the agreement met the requirements of the Fair Work Act 2009. The legal issues revolved around whether the agreement was made in good faith and if it contained the necessary minimum terms and conditions as mandated by the Act. The Commission had to scrutinise the agreement to ensure it did not undermine the existing rights and conditions of the employees.

The Fair Work Commission analysed the agreement, considering its compliance with the Fair Work Act. The Commission examined the bargaining process to verify it was conducted in good faith and whether the agreement provided fair and reasonable terms for the employees. The Commission also assessed whether the agreement met the minimum standards prescribed by the Act, including the provision of minimum wages and conditions. Ultimately, the Commission determined that the agreement was fair and reasonable, meeting all statutory requirements. It approved the agreement, acknowledging that it provided for the fair and reasonable terms and conditions of employment for the employees.

In reaching its decision, the Fair Work Commission found that the agreement was made in good faith and included all necessary minimum terms and conditions. The Commission was satisfied that the bargaining process was fair and that the agreement did not undermine the existing rights and conditions of the employees. The Commission approved the 2020-2024 Enterprise Agreement, highlighting that it was consistent with the provisions of the Fair Work Act and met the required standards for employee protection and fairness. The Commission's approval was based on a comprehensive review of the agreement and its alignment with the legal framework governing enterprise agreements in Australia.

Catten Installation Services Pty Ltd T/A Catten Installation Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established