Central Systems Pty Ltd Summary

[2013] FWCA 5346

FAIR WORK COMMISSION

DECISION

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

Central Systems Pty Ltd
(AG2013/2125)

CENTRAL SYSTEMS PTY LTD QLD EMPLOYEE COLLECTIVE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 SEPTEMBER 2013

Application for approval of the Central Systems Pty Ltd QLD Employee Collective Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 26 July 2013 by Central Systems Pty Ltd for the approval of a single-enterprise agreement known as the Central Systems Pty Ltd QLD Employee Collective Agreement 2013 (“the Agreement”).

[2] On 6 September 2013 the Employer provided three undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, 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

Central Systems Pty Ltd is before the Fair Work Commission. The applicant, Central Systems Pty Ltd, seeks approval of the Queensland Employee Collective Agreement 2013. The dispute centres around the validity and applicability of the proposed agreement, which outlines terms and conditions for employees within the company. The Commission was required to determine whether the agreement met the necessary legal standards for approval, including whether it complied with the relevant provisions of the Fair Work Act 2009 and whether it had been fairly and properly negotiated.

The primary legal issues revolved around the procedural fairness of the agreement, its compliance with the statutory requirements, and whether it provided adequate protections for the employees. The Commission examined whether the agreement was genuinely negotiated between the employer and the employees or their representatives, and if it contained all the mandatory terms as prescribed by the Act. Additionally, the court needed to ensure that the agreement did not discriminate against any employee and provided for minimum entitlements as required by law.

After thorough examination, the Commission concluded that the agreement was indeed the product of genuine negotiations and contained all mandatory terms. It was found to be compliant with the statutory requirements and did not contain any discriminatory provisions. The Commission was satisfied that the agreement provided for the minimum entitlements as required by law and did not undermine the rights of employees. Consequently, the Commission approved the agreement, affirming its validity and applicability.

The Fair Work Commission hereby approves the Central Systems Pty Ltd Queensland Employee Collective Agreement 2013, recognising it as a lawful and binding agreement between the employer and the employees.

Central Systems Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established