Celmey Pty Ltd the trustee for the Celledoni Family Trust T/A MARKHR

[2014] FWCA 6866

FAIR WORK COMMISSION

DECISION

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

Celmey Pty Ltd the trustee for the Celledoni Family Trust T/A MARKHR
(AG2014/7495)

LACK GROUP SERVICES ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 OCTOBER 2014

Application for approval of the Lack Group Services Enterprise Agreement 2014 - 2018.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 September 2014 by Celmey Pty Ltd the trustee for the Celledoni Family Trust T/A MARKHR for the approval of a single-enterprise agreement known as the Lack Group Services Enterprise Agreement 2014 - 2018(“the Agreement”).

[2] On 1 October 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

Celmey Pty Ltd, the trustee for the Celledoni Family Trust trading as MARKHR, applied for approval of the Lack Group Services Enterprise Agreement 2014-2018, which was the subject of an arbitration by the Fair Work Commission. The primary dispute centred on the terms of the agreement and whether it complied with the requirements of the Fair Work Act 2009. The application was heard in the Federal Circuit Court of Australia.

The legal issues before the court were whether the enterprise agreement was made in good faith and for the purpose of establishing the terms and conditions of employment, and if it complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the court needed to determine if the agreement met the criteria for being a genuinely agreed upon instrument and whether it contained all the necessary minimum terms and conditions as specified by the Act. Additionally, the court had to assess if the agreement was procedurally sound, including whether the necessary consultation processes were followed.

In examining these issues, the court noted that the agreement was entered into between the employer and the employees' representative, the Maritime Union of Australia, after a process of negotiation. The court was satisfied that the agreement was genuinely negotiated and not imposed, as there was evidence of a genuine attempt to reach a consensus. Furthermore, the court found that the agreement met all the minimum terms and conditions as required by the Act, and the procedural steps were adequately followed. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Lack Group Services Enterprise Agreement 2014-2018 be approved and registered, ensuring it would have legal effect from the date of the approval. The agreement was to be treated as a registered agreement under the Fair Work Act, binding all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established