| [2023] FWCA 2587 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Civil Rent Pty Ltd
(AG2023/2660)
CIVIL RENT PTY LTD ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 16 AUGUST 2023 |
Application for approval of the Civil Rent Pty Ltd Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Civil Rent Pty Ltd Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.
Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.
Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 26 July 2023.
I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 August 2023. The nominal expiry date of the Agreement is 15 August 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE521146 PR765260>
- AGLC
- Civil Rent Pty Ltd [2023] FWCA 2587
- Case
- [2023] FWCA 2587
- Decision Date
CaseChat Overview and Summary
The central legal issues addressed by the Commission involved the compliance of the agreement with the provisions of the Fair Work Act, including whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been made in good faith. The Commission also had to consider whether the agreement provided for a streamlined and efficient dispute resolution process. Furthermore, it was necessary to ensure that the agreement did not undermine the protections afforded to employees under the Fair Work Act.
The Fair Work Commission conducted a detailed examination of the proposed agreement, assessing its provisions against the statutory requirements. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and had been made in good faith. The streamlined dispute resolution process was found to be effective and compliant with the law. After careful consideration, the Commission determined that the agreement met all the necessary criteria for approval and was in the best interests of the employees and the employer. The Commission approved the Civil Rent Pty Ltd Enterprise Agreement 2023, setting out the terms and conditions of employment for the workers involved.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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