DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil Rent Pty Ltd
(AG2018/4755)

CIVIL RENT PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 NOVEMBER 2018

Application for approval of the Civil Rent Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Civil Rent Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civil Rent Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 14 November 2018 and, in accordance with s.54, will operate from 21 November 2018. The nominal expiry date of the Agreement is 14 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application by Civil Rent Pty Ltd (Civil Rent) to approve the Civil Rent Pty Ltd Enterprise Agreement 2018 (the Agreement). The Agreement, proposed by Civil Rent, aimed to regulate the employment terms of their workers. The dispute arose as some employees expressed concerns regarding the proposed terms, necessitating the FWC's intervention to determine the agreement's validity and applicability.

The primary legal issue before the FWC was whether the Agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009 (Cth). This involved scrutinising whether the agreement was made in good faith, involved genuine bargaining, and covered the appropriate bargaining unit. Furthermore, the FWC had to assess if the terms of the agreement were fair and reasonable, considering the economic and social context.

The FWC evaluated the evidence presented and found that the agreement was the product of genuine bargaining efforts. The evidence demonstrated that Civil Rent and the employees' representatives engaged in negotiations over a period, with a willingness to reach a consensus. The FWC concluded that the terms of the Agreement were fair and reasonable, taking into account the economic conditions and the needs of both parties. Consequently, the FWC approved the Agreement, deeming it to be compliant with the statutory requirements.

The FWC's final order was to approve the Civil Rent Pty Ltd Enterprise Agreement 2018, effective from the date of the decision. This approval authorised the implementation of the agreement's terms for the relevant employees. The decision underscored the importance of fair and genuine bargaining in the formation of enterprise agreements, ensuring that both employers and employees' interests are adequately represented.

Civil Rent 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