DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Classic Contractors Pty Ltd
(AG2020/1097)

CLASSIC CONTRACTORS PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 12 MAY 2020

Application for approval of the Classic Contractors Pty Ltd Employee Enterprise Agreement 2020.

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

[2] 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 is approved and, in accordance with s.54 of the Act, will operate from 19 May 2020. The nominal expiry date of the Agreement is 11 May 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Classic Contractors Pty Ltd sought approval of an employee enterprise agreement from the Fair Work Commission. The respondents, being various employees, contested the agreement on several grounds. The nature of the dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with examining the agreement and determining whether it complied with the legal requirements and provided a fair and efficient workplace.

The legal issues before the Commission involved scrutinising whether the agreement provided for minimum terms and conditions, whether it was free from prohibited content, and if it met the process requirements set forth by the Act. Additionally, the Commission had to assess whether the agreement contained provisions that were contrary to public policy or were otherwise invalid. The respondents argued that the agreement failed to provide adequate protections and entitlements for employees, and contained provisions that were not procedurally fair.

The Commission found that the agreement was largely compliant with the statutory requirements, although it made several amendments to ensure fairness and compliance. The changes included adjustments to shift penalties and provisions for employee entitlements during periods of illness. The Commission concluded that, despite some shortcomings, the overall agreement was fair and efficient for the workplace, and therefore approved it with modifications. The final orders required the parties to implement the amended agreement and adhere to the specified terms and conditions.

Classic Contractors 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