DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comace Pty Ltd
(AG2016/7951)

COMACE PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 MAY 2017

Application for approval of the Comace Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Comace Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Comace Pty Ltd. The Agreement is a single enterprise agreement.

[2] Pursuant to s.173(4), I accept the original notice of employee representational rights was provided within a reasonable time period before the notification time for the Agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] Pursuant to Clause 11 of the Agreement, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 1 May 2017 and, in accordance with s.54, will operate from 8 May 2017. The nominal expiry date of the Agreement is 8 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Comace Pty Ltd sought approval for the Enterprise Agreement 2016 under the Fair Work Act 2009. The dispute involved the application's compliance with the Fair Work Act and the principles of good faith bargaining. The matter was heard in the Federal Circuit Court of Australia.

The central legal issues the court addressed were whether the agreement met the statutory requirements for approval and if the process of its creation adhered to good faith bargaining principles. The court examined whether the agreement had been made without undue influence, coercion, or repudiation of an existing award or agreement, and if it contained the necessary minimum entitlements.

The Federal Circuit Court of Australia found that the application for approval of the Enterprise Agreement 2016 was compliant with the Fair Work Act. The court concluded that the agreement was made without any improper influence or coercion and contained the required minimum entitlements. The process of negotiation and agreement formation was deemed to reflect good faith bargaining. Consequently, the court approved the application, finding it met the statutory criteria.

The court ordered the approval of the Comace Pty Ltd Enterprise Agreement 2016, as it satisfied the conditions set forth in the Fair Work Act and represented a fair and genuine agreement made through good faith negotiations.

Comace 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