DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Consol Services Pty Ltd, Consol Supplies Trust T/A Carparking
(AG2018/3699)

CARPARKING AND ITS EMPLOYEES, ENTERPRISE AGREEMENT 2018-2021

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 NOVEMBER 2018

Application for approval of the CARPARKING and its employees, Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the CARPARKING and its employees, Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Consol Services Pty Ltd, Consol Supplies Trust T/A Carparking. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2018. The nominal expiry date of the Agreement is 30 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Consol Services Pty Ltd, Consol Supplies Trust T/A Carparking, the dispute revolved around the approval of an Enterprise Agreement between the employer and its employees. The matter was heard in the Fair Work Commission, where the Commission was tasked with determining whether the agreement complied with the necessary legal standards for such agreements. The specific focus was on whether the agreement met the requirements under the Fair Work Act 2009, including the consideration of procedural fairness and the substantive fairness of the agreement's terms.

The central legal issues addressed by the Commission were whether the agreement was genuinely negotiated and whether it included all the necessary minimum terms required by the Fair Work Act. Additionally, the Commission needed to consider if the agreement was procedurally sound, meaning whether the bargaining process adhered to the legal requirements for such agreements. The Commission also had to examine whether the terms of the agreement were fair and reasonable in the context of the employment relationship between the employer and its employees.

The Fair Work Commission determined that the Enterprise Agreement was genuinely negotiated, as evidenced by the comprehensive bargaining process that was conducted. The Commission found that the agreement included all the required minimum terms and that the bargaining process was procedurally fair. Furthermore, the terms of the agreement were considered to be fair and reasonable, taking into account the nature of the employment relationship and the interests of both the employer and the employees. Consequently, the Commission approved the Enterprise Agreement, recognising it as a valid and binding agreement between the parties.

The final orders of the Fair Work Commission were that the Enterprise Agreement 2018-2021, as presented by Consol Services Pty Ltd, Consol Supplies Trust T/A Carparking, be approved and registered under the Fair Work Act 2009. This decision marked the agreement as legally binding and enforceable, providing a framework for the employment relationship between the employer and its employees for the specified period.

Consol Services Pty Ltd, Consol Supplies Trust T/A Carparking

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established