Controlfab Pty Ltd

[2024] FWCA 2238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Controlfab Pty Ltd

(AG2024/2023)

CONTROLFAB PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 17 JUNE 2024

Application for approval of the Controlfab Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Controlfab Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Controlfab Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2024. The nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Controlfab Pty Ltd applied to the Fair Work Commission for approval of the Controlfab Pty Ltd Enterprise Agreement 2024. The application was made under the Fair Work Act 2009, and the dispute arose between the employer and its employees, who were members of a union. The nature of the dispute was over the terms and conditions of employment, which were proposed in the new enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval and whether it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement complied with the provisions of the Fair Work Act and whether it provided for terms and conditions that were no less favourable than the relevant awards or safety nets. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it was free from any unfair content. The Commission also needed to ensure that the agreement was appropriately certified and that the appropriate process had been followed in its making.

In its decision, the Fair Work Commission found that the Controlfab Pty Ltd Enterprise Agreement 2024 was compliant with the requirements of the Fair Work Act. The Commission determined that the agreement provided for terms and conditions that were no less favourable than the relevant awards or safety nets. The Commission was satisfied that the agreement was made in good faith and was free from any unfair content. Furthermore, the Commission confirmed that the agreement was appropriately certified and that the correct process had been followed in its making. Consequently, the Commission approved the enterprise agreement, and it came into effect on the date specified in the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established