Contract Trade Services Pty Ltd Summary

[2021] FWCA 6649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Trade Services Pty Ltd
(AG2021/8028)

CONTRACT TRADE SERVICES PTY LTD ENTERPRISE AGREEMENT 2021-2025

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 11 NOVEMBER 2021

Application for approval of the Contract Trade Services Pty Ltd Enterprise Agreement 2021-2025

[1] Contract Trade Services (the Employer) has made an application for approval of an enterprise agreement known as the Contract Trade Services Pty Ltd Enterprise Agreement 2021-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Sections 186, 187 and 188

[3] Subject to the undertakings referred to above, 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.

Approval

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2021. The nominal expiry date of the Agreement is 11 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Contract Trade Services Pty Ltd, sought approval for the Contract Trade Services Pty Ltd Enterprise Agreement 2021-2025. The application was heard by the Fair Work Commission (FWC), with the decision delivered by Deputy President M W R Kennedy. The dispute centred around the terms of the proposed enterprise agreement, which sought to regulate the employment conditions of the applicant's employees. The applicant argued that the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed enterprise agreement complied with the requirements of section 231 of the Fair Work Act, particularly whether it contained the necessary protections and obligations for the employees. The FWC considered the provisions of the agreement in relation to minimum entitlements, procedural fairness, and the process by which the agreement was made. The applicant argued that the agreement provided fair and reasonable terms and conditions for the employees, while no objections were made by any party.

After reviewing the terms of the agreement and the evidence provided, the FWC found that the proposed enterprise agreement met the necessary criteria for approval. The FWC noted that the agreement provided for fair and reasonable terms and conditions, including minimum entitlements and procedural fairness. The FWC also found that the agreement was made in good faith and without coercion, and that it provided an effective mechanism for resolving disputes between the parties. The application for approval of the Contract Trade Services Pty Ltd Enterprise Agreement 2021-2025 was thus granted.

The FWC ordered that the enterprise agreement be approved as a registered agreement under section 175 of the Fair Work Act. The agreement will now be registered and will apply to the employees of Contract Trade Services Pty Ltd from the effective date specified in the agreement. The FWC's decision provides certainty for both the applicant and its employees, and ensures that the agreement provides fair and reasonable terms for all parties involved.

Contract Trade Services Pty Ltd

Regulation 2.06A Requirements

Sections 186, 187 and 188

Approval

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established