Consolidated Trade Solutions Pty Ltd Summary

[2013] FWCA 6843

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Consolidated Trade Solutions Pty Ltd
(AG2013/2568)

CONSOLIDATED TRADE SOLUTIONS WORKPLACE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 11 SEPTEMBER 2013

Application for approval of the Consolidated Trade Solutions Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Consolidated Trade Solutions Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Consolidated Trade Solutions Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 August 2017.

COMMISSIONER

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Consolidated Trade Solutions Pty Ltd applied for the approval of the Consolidated Trade Solutions Workplace Agreement 2013 before the Fair Work Commission. The applicant, a company in the logistics and transportation industry, sought to have the agreement, which contained terms and conditions for its employees, approved by the Commission. The application was made under the Fair Work Act 2009, which requires certain workplace agreements to be approved by the Commission to ensure they meet specific criteria and do not disadvantage employees.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act and whether it provided fair and reasonable terms and conditions for the employees. The Commission had to consider whether the agreement contained all the prescribed terms, whether it complied with the good faith bargaining requirements, and whether it offered fair and reasonable terms and conditions for the employees. Additionally, the Commission needed to assess whether the agreement was consistent with the National Employment Standards and the applicable award or registered agreement.

The Fair Work Commission found that the Consolidated Trade Solutions Workplace Agreement 2013 met the statutory requirements and provided fair and reasonable terms and conditions for the employees. The Commission confirmed that the agreement contained all the prescribed terms and complied with the good faith bargaining requirements. It also determined that the agreement was consistent with the National Employment Standards and the applicable award or registered agreement. Based on these findings, the Commission approved the application and granted the approval of the Consolidated Trade Solutions Workplace Agreement 2013.

The Fair Work Commission's approval of the Consolidated Trade Solutions Workplace Agreement 2013 was based on the comprehensive assessment of the agreement's compliance with the Fair Work Act and the provision of fair and reasonable terms and conditions for the employees. The Commission's decision ensures that the agreement is legally binding and provides a framework for the employment relationship between the company and its employees. This approval allows the company to implement the agreed terms and conditions, while also safeguarding the rights and interests of the employees.

Consolidated Trade Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established