DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corporate Ventures (Labour) Pty Ltd
(AG2015/5927)

CORPORATE VENTURES (LABOUR) PTY LTD ENTERPRISE AGREEMENT (QLD) 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2015

Application for approval of the Corporate Ventures (Labour) Pty Ltd Enterprise Agreement (Qld) 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Corporate Ventures (Labour) Pty Ltd Enterprise Agreement (Qld) 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corporate Ventures (Labour) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 26 October 2015 and, in accordance with s.54, will operate from 2 November 2015. The nominal expiry date of the Agreement is 26 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Corporate Ventures (Labour) Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement between the company and its employees. The dispute centred around the terms and conditions of employment outlined in the Corporate Ventures (Labour) Pty Ltd Enterprise Agreement (Qld) 2015-2019. The nature of the disagreement primarily revolved around the fairness of the proposed agreement, specifically focusing on whether the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the court were whether the enterprise agreement was made in good faith, and if it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to determine if the agreement met the criteria for 'better off overall' for the employees, ensuring that no employees would be worse off as a result of the agreement. The court also had to consider if the agreement complied with the statutory minimum standards under the Fair Work Act.

In delivering its decision, the Fair Work Commission examined the evidence and submissions from both parties. The Commission concluded that the agreement was made in good faith and contained fair and reasonable terms and conditions of employment. The Commission also found that the agreement was likely to be better off overall for the employees, as it provided for a range of improvements to wages, conditions, and other benefits. Furthermore, the Commission determined that the agreement met the statutory minimum standards and was consistent with the objectives of the Fair Work Act. As a result, the Commission approved the enterprise agreement, and the dispute was resolved.

The Commission's decision provides valuable guidance to employers and employees on the requirements for approving an enterprise agreement and the importance of ensuring that the agreement is fair and reasonable for all parties involved. The Commission's approval of the agreement highlights the importance of striking a balance between the interests of employers and employees in the enterprise bargaining process.

Corporate Ventures (Labour) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established