DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caylamax Demolitions Pty Ltd T/A Caylamax Demolitions
(AG2017/6127)

CAYLAMAX DEMOLITIONS PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2017 - 2021

Australian Capital Territory
COMMISSIONER SIMPSON	BRISBANE, 29 MARCH 2018

Application for approval of the Caylamax Demolitions Pty Ltd and Employees Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Caylamax Demolitions Pty Ltd and Employees Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Caylamax Demolitions Pty Ltd T/A Caylamax Demolitions. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2018. The nominal expiry date of the Agreement is 28 March 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Caylamax Demolitions Pty Ltd trading as Caylamax Demolitions, the Fair Work Commission was called upon to approve an enterprise agreement for the period 2017 to 2021. The dispute centred on the proposed terms and conditions of employment outlined in the agreement, which was submitted for consideration under the Fair Work Act 2009. The Commission had to determine whether the agreement met the criteria for approval, including compliance with the statutory minimum standards and whether it had been negotiated in good faith.

The primary legal issues before the Commission involved the compliance of the agreement with the Fair Work Act and the extent to which the agreement provided for terms and conditions that were fair and reasonable. The Commission examined the negotiation process, the content of the agreement, and its alignment with the minimum standards prescribed by the Act. Consideration was also given to whether the agreement was consistent with the principles of the modern awards and whether it provided appropriate protections for employees.

The Commission found that the agreement was largely compliant with the Fair Work Act. It noted that the negotiation process appeared to have been conducted in good faith, with both parties engaging in discussions that resulted in a comprehensive agreement. The terms and conditions of the agreement were considered fair and reasonable, and the Commission was satisfied that they met the statutory minimum standards. The Commission approved the agreement, acknowledging the balance it struck between the needs of the employer and the protections afforded to the employees.

The Commission's final order was the approval of the Caylamax Demolitions Pty Ltd and Employees Enterprise Agreement 2017-2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and the terms and conditions would govern the employment relationship between the parties for the specified period.

Caylamax Demolitions Pty Ltd T/A Caylamax Demolitions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established