Caylamax Bins Pty Ltd

[2016] FWCA 263

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Caylamax Bins Pty Ltd
(AG2015/6607)
CAYLAMAX BINS ENTERPRISE AGREEMENT 2015
Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 14 JANUARY 2016

Application for approval of the Caylamax Bins Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Caylamax Bins Enterprise Agreement 2015 (the Agreement). The application was made

pursuant to s.185 of the Fair Work Act 2009 (the Act) by Caylamax Bins Pty Ltd. The

Agreement is a single-enterprise agreement.

[2] On 12 January 2016 undertakings were provided by Mr A Halsall (Company Director)

pursuant to s.190 of the Act. I am satisfied that the undertakings meet my concerns. A copy of

the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am also satisfied that each of the requirements of ss186, 187 and 188 as are relevant

to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 21 January

2016. The nominal expiry date is 13 January 2020.

COMMISSIONER

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[2016] FWCA 263

Annexure A

[2016] FWCA 263

CaseChat Overview and Summary

Caylamax Bins Pty Ltd applied to the Fair Work Commission for approval of the Caylamax Bins Enterprise Agreement 2015. The agreement was submitted under section 185 of the Fair Work Act 2009 and related to a single enterprise within the waste management industry. The company sought the Commission's approval to formalise the terms and conditions of employment for its employees as outlined in the agreement.

The primary legal issue before the Commission was whether the Caylamax Bins Enterprise Agreement 2015 met all the statutory requirements for approval under the Fair Work Act 2009. This included verifying if the agreement was made in good faith, if it complied with the procedural fairness requirements, and if it satisfied the other criteria outlined in sections 186, 187, and 188 of the Act. Additionally, the Commission had to be satisfied with the undertakings provided by the company director pursuant to section 190 of the Act.

The Commission found that all requirements for the approval of the enterprise agreement had been met. Commissioner Roberts noted that the company had provided satisfactory undertakings under section 190 of the Act, which addressed the Commission's concerns. Furthermore, the agreement complied with sections 186, 187, and 188 of the Act, which pertain to the good faith and procedural fairness of the agreement. As a result, the agreement was approved and will operate from 21 January 2016, with a nominal expiry date of 13 January 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established