CAU Pty Ltd T/A CarmichaelAU

[2014] FWCA 3480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CAU Pty Ltd T/A CarmichaelAU
(AG2014/1135)

CARMICHAELAU ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 MAY 2014

Application for approval of the CarmichaelAU Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 15 May 2014 by CAU Pty Ltd T/A CarmichaelAU for the approval of a single-enterprise agreement known as the CarmichaelAU Enterprise Agreement 2014(“the Agreement”).

[2] On 27 May 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, CAU Pty Ltd trading as CarmichaelAU, sought approval of an enterprise agreement under the Fair Work Act 2009. The respondent, a trade union, objected to the agreement on several grounds, including that it did not meet the "better off overall test" and contained unfair provisions. The matter was heard in the Fair Work Commission.

The central issue before the Commission was whether the proposed enterprise agreement provided fair and better terms and conditions of employment compared to the applicable award or existing agreements, and if it contained any unfair provisions. The Commission examined whether the agreement was consistent with the "better off overall test" and whether any unfair provisions outweighed the benefits of the agreement.

The Commission found that the proposed agreement met the "better off overall test" as it provided for improvements in various aspects of employment, including wages, conditions, and leave entitlements. The Commission also considered the fairness of the provisions and found that while some aspects were concerning, they did not outweigh the benefits of the agreement. Consequently, the Commission approved the application for the CarmichaelAU Enterprise Agreement 2014.

The Fair Work Commission approved the CarmichaelAU Enterprise Agreement 2014, subject to the conditions and provisions set out in the decision. The agreement was to be in effect from the date of the decision and would govern the terms and conditions of employment for the employees covered by the agreement. The union's objections were overruled, and the applicant's application for approval was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established