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

[2014] FWCA 4325

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
(AG2014/1465)

QLD EMPLOYEES COLLECTIVE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 1 JULY 2014

Application for approval of the QLD Employees Collective Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 June 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 QLD Employees Collective Enterprise Agreement 2014(“the Agreement”).

[2] 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.

[3] 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

In the matter of Celmey Pty Ltd, the trustee for the Celledoni Family Trust trading as MarkHR, the Fair Work Commission was presented with an application for the approval of the Queensland Employees Collective Enterprise Agreement 2014. The application was made by the employer, Celmey Pty Ltd, who sought to have the agreement recognised under the Fair Work Act 2009. The dispute centred around the employer's request to have specific provisions of the agreement approved, which included changes to employee entitlements and working conditions. The legal issues before the court required a determination of whether the agreement met the statutory requirements for approval and if the changes proposed were consistent with the provisions of the Fair Work Act.

The Fair Work Commission considered the application against the statutory criteria set out in the Fair Work Act. The court had to assess whether the agreement had been made in good faith and if it contained the necessary procedural fairness provisions. Furthermore, the court examined whether the agreement appropriately balanced the interests of both the employer and the employees, particularly in light of any changes that departed from the safety net provided by the relevant award. The court also evaluated whether the proposed changes in the agreement were necessary and reasonable given the context of the workplace and the specific circumstances of the employer and employees.

Upon reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement did meet the statutory requirements for approval. The court determined that the changes proposed in the agreement were necessary and reasonable, and that the agreement had been made in good faith with procedural fairness. The court concluded that the balance of the agreement appropriately reflected the interests of both the employer and the employees, and that it did not unacceptably detract from the safety net provided by the relevant award. Consequently, the Fair Work Commission approved the Queensland Employees Collective Enterprise Agreement 2014 as requested by the employer.

The final orders of the Fair Work Commission included the approval of the Queensland Employees Collective Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered by the employer with the Fair Work Ombudsman within 21 days of the decision. The court also noted that the agreement would be subject to the general protections and entitlements provided under the Fair Work Act, and that any disputes arising from the agreement could be resolved through the mechanisms provided within the Act. The decision of the Fair Work Commission was binding on both the employer and the employees covered by the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established