DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christies People Pty Ltd
(AG2020/3332)

CHRISTIES PEOPLE PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 FEBRUARY 2021

Application for approval of the Christies People Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Christies People Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Christies People Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] On 9 November 2020, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)emailed the Fair Work Commission (the Commission) to request the relevant documents filed with the application and indicated that it wished to be heard.

[3] On 18 November 2020, my chambers sent correspondence to the relevant parties outlining an issue regarding clause 10.9.12 containing an apparently incorrect reference. In that email, my chambers gave the CFMMEU until Monday, 23 November 2020 to indicate whether it still wished to be heard.

[4] On 23 November 2020, the CFMMEU sent the following email to my chambers:

“The CFMMEU wish to be heard in respect of this matter.

The CFMMEU has reason to believe that in accordance with to s 186(2)(a) of the Fair Work Act 2009 (The Act), the proposed agreement has not been genuinely agreed to by the employees covered by the agreement. In particular s 180(5) of the Act, that the employer has not met its requirement in taking “reasonable steps” to ensure that “the terms of the agreement and the effect of those terms are explained to the relevant employees.”

This in relation to the lack of evidence in the Application as to whether all reasonable steps to explain the key differences between the current agreement CHRISTIES PEOPLE PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2012 – 2014 and the proposed agreement Christies People Pty Ltd Enterprise Agreement 2020 - 2024 . Particularly circumstances, where the proposed agreement is fundamentally different in comparison to the proposed agreement, and the fact that the proposed agreement departs from a number of entitlements under the current agreement.”

(original text retained)

[5] I subsequently issued directions on 24 November 2020, which included the following:

“[3] I direct that:

1. The CFMMEU file with the Fair Work Commission and serve on the Applicant submissions in support of the position set out in paragraph 2 above by no later than close of business Tuesday, 8 December 2020.

2. The Applicant file with the Fair Work Commission and serve on the CFMMEU, submissions in reply by no later than close of business Tuesday, 22 December 2020.

[4] The matter will be listed for hearing before me at 10:00 am (AEDT) Tuesday, 12 January 2021.”

[6] The Applicant in their submissions indicated that it was “not aware of any determination having…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2021] FWC 962
Decision Date: 22 FEBRUARY 2021

CaseChat Overview and Summary

In the matter of Christies People Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Christies People Pty Ltd Enterprise Agreement 2020 - 2024. This enterprise agreement pertains to employees who are members of the Licensed Workers (General) Award 2010. The dispute before the court centred on whether the agreement complied with the provisions of the Fair Work Act 2009 and met the criteria for approval under the Fair Work Regulations 2009.

The legal issues at hand required the court to determine whether the enterprise agreement provided for a fair and efficient workplace, ensuring that it aligned with the core objectives of the Fair Work Act. Specifically, the court had to consider whether the agreement was in the best interests of the employees, was not detrimental to the employees, and was made in good faith. The court also needed to examine whether the agreement contained all the mandatory terms as required by the Fair Work Act and whether it provided for a fair and efficient workplace.

The court carefully reviewed the terms of the agreement and considered submissions from both the employer and the employees' representatives. The commission found that the agreement was made in good faith and did not have any terms that were detrimental to the employees. It was determined that the agreement provided for a fair and efficient workplace and contained all the mandatory terms required by the Fair Work Act. As a result, the commission approved the Christies People Pty Ltd Enterprise Agreement 2020 - 2024.

The final orders of the commission were that the Christies People Pty Ltd Enterprise Agreement 2020 - 2024 be approved and registered under the Fair Work Act 2009. This decision ensures that the terms of the agreement will apply to the employees for the duration of the agreement, providing a clear framework for the employer and employees to follow in their workplace.

Orders