Corellian Pty Ltd

[2018] FWCA 4983

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Corellian Pty Ltd

(AG2018/2037)

Corellian Pty Ltd Enterprise Agreement 2018-2022

Building, metal and civil construction industries
Deputy President Colman	Melbourne, 28 August 2018

Application for approval of the Corellian Pty Ltd Enterprise Agreement 2018-2022.

An application has been made for approval of an enterprise agreement known as the Corellian Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corellian Pty Ltd. The agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 28 August 2018 and, in accordance with s.54, will operate from 4 September 2018. The nominal expiry date of the Agreement is 28 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corellian Pty Ltd applied to the Fair Work Commission for approval of the Corellian Pty Ltd Enterprise Agreement 2018-2022. The respondents, including various unions, opposed the application, arguing that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the legislative requirements for enterprise agreements.

The legal issues before the Commission involved whether the agreement met the procedural and substantive criteria set out in the Fair Work Act. Procedurally, the Commission examined whether there was genuine agreement and if the agreement was made in good faith. Substantively, it assessed whether the agreement provided for proper minimum terms and conditions, and whether it was free from prohibited content. The Commission also considered the impact of the agreement on employees' rights and the overall fairness of the terms proposed.

In its decision, the Commission found that the agreement was genuinely made and in good faith, with proper consultation processes undertaken. The agreement was deemed to provide for proper minimum terms and conditions, and was free from any prohibited content. The Commission emphasised the importance of maintaining a balance between the interests of the employer and the rights of the employees. After thorough examination, the Commission approved the enterprise agreement, recognising it as fair and meeting all the legislative requirements.

The Fair Work Commission approved the Corellian Pty Ltd Enterprise Agreement 2018-2022, confirming its compliance with the Fair Work Act. This decision underscored the importance of genuine agreement and the balance of interests in enterprise bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established