Core Contracting Group Pty Ltd

Case [2021] FWCA 2881


[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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<AE511533  PR729996>

Details
AGLC
Core Contracting Group Pty Ltd [2021] FWCA 2881
Case
[2021] FWCA 2881
Decision Date

CaseChat Overview and Summary

The applicant, Core Contracting Group Pty Ltd, sought approval of the Enterprise Agreement 2019 - 2023. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The agreement covered a variety of employees, including those in the construction industry, and addressed matters such as wages, conditions of employment, and dispute resolution mechanisms.

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

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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