| [2021] FWCA 2881 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Core Contracting Group Pty Ltd
(AG2021/5052)
CORE CONTRACTING GROUP PTY LTD ENTERPRISE AGREEMENT 2019 - 2023
Manufacturing and associated industries | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 19 MAY 2021 |
Application for approval of the Core Contracting Group Pty Ltd Enterprise Agreement 2019 - 2023.
[1] Core Contracting Group Pty Ltd has made an application for approval of an enterprise agreement known as the Core Contracting Group Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
[3] 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.
[4] The Agreement was approved on 19 May 2021 and, in accordance with s 54, will operate from 26 May 2021. The nominal expiry date of the Agreement is 1 October 2023.
DEPUTY PRESIDENT
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- AGLC
- Core Contracting Group Pty Ltd [2021] FWCA 2881
- Case
- [2021] FWCA 2881
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement was appropriately negotiated and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it contained the mandated minimum terms and conditions. The applicant argued that the agreement was fairly negotiated and met all statutory requirements.
In reaching its decision, the Commission noted that the agreement was the product of genuine negotiations between the parties, with each side having the opportunity to participate and contribute. The Commission found that the agreement contained all the mandated minimum terms and conditions, and that it was not contrary to public policy or unfair to any party. The Commission was satisfied that the agreement was made in good faith and approved the Enterprise Agreement 2019 - 2023.
The Fair Work Commission approved the Core Contracting Group Pty Ltd Enterprise Agreement 2019 - 2023, finding that it was appropriately negotiated and complied with the requirements of the Fair Work Act.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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