DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Systems Pty Ltd
(AG2019/4120)

CENTRAL SYSTEMS PTY LTD (WA) 2019 COLLECTIVE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 23 DECEMBER 2019

Application for approval of the Central Systems Pty Ltd (WA) 2019 Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Central Systems Pty Ltd (WA) 2019 Collective Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Systems Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2019. The nominal expiry date of the Agreement is 22 December 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Central Systems Pty Ltd, a company involved in the provision of services, sought approval from the Fair Work Commission (FWC) for a collective agreement entered into with its employees. The agreement, labelled as the Central Systems Pty Ltd (WA) 2019 Collective Agreement, was the subject of the application. The dispute arose when certain parties challenged the agreement's validity, leading to the need for the FWC to determine whether the agreement met the necessary legal standards and requirements for approval.

The primary legal issue the FWM had to address was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth). This involved scrutinising the process by which the agreement was negotiated and whether it appropriately represented the interests of the employees. Another critical aspect was whether the agreement adhered to the principles of good faith bargaining and whether it contained terms that were fair and reasonable.

The FWC examined the negotiation process and the content of the agreement in detail. The Commission considered evidence of the bargaining process, including the roles of the parties involved and the manner in which the agreement was reached. The FWC also evaluated the terms of the agreement against the benchmarks for fairness and reasonableness. Ultimately, the FWC found that the agreement met the necessary legal standards and was approved. The Commission concluded that the negotiation process was fair and that the terms of the agreement were reasonable, ensuring that the interests of both the employer and the employees were adequately represented.

The FWC granted the application for approval of the Central Systems Pty Ltd (WA) 2019 Collective Agreement. The decision confirmed that the agreement complied with all relevant legal requirements and was therefore valid and enforceable. This outcome provided clarity and certainty for both the employer and the employees regarding the terms of their employment.

Central Systems Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established