CT Labour Hire Pty Ltd T/A CT Labour Hire Summary

[2014] FWCA 7933

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CT Labour Hire Pty Ltd T/A CT Labour Hire
(AG2014/9633)

CT LABOUR HIRE PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 NOVEMBER 2014

Application for approval of the CT Labour Hire Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 23 October 2014 by CT Labour Hire Pty Ltd T/A CT Labour Hire for the approval of a single-enterprise agreement known as the CT Labour Hire Pty Ltd Enterprise Agreement 2014(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the CT Labour Hire Pty Ltd Enterprise Agreement 2014 by CT Labour Hire Pty Ltd, trading as CT Labour Hire, before the Fair Work Commission (FWC). The application was brought under the Fair Work Act 2009, where the FWC has the authority to approve, reject, or make modifications to enterprise agreements to ensure compliance with certain statutory requirements. The application was opposed by the Building and Construction Trades Union, acting on behalf of the employees covered by the agreement.

The central legal issue before the FWC was whether the enterprise agreement met all the necessary criteria for approval as stipulated under the Fair Work Act. This included examining whether the agreement contained all the mandatory terms and conditions, whether the agreement was made in good faith, and whether it provided for a direct or indirect safety net improvement. Furthermore, the FWC had to consider whether the agreement complied with the procedural fairness requirements, including adequate consultation and provision of information to the employees.

In rendering its decision, the FWC carefully analysed the provisions of the agreement, the process by which it was formed, and the evidence provided by both parties. The FWC found that the agreement largely complied with the statutory requirements, noting that the mandatory terms were included and that the agreement was made in good faith. The FWC also determined that the agreement provided for a safety net improvement, ensuring that the employees were not worse off than under the applicable award or registered agreement. Consequently, the FWC approved the enterprise agreement with no modifications.

The FWC's final order was the approval of the CT Labour Hire Pty Ltd Enterprise Agreement 2014, with the effective date of the approval being the date of the decision. This order binds all parties to the agreement, including CT Labour Hire Pty Ltd and the employees represented by the union. The approval ensures that the terms of the enterprise agreement are legally enforceable, provided all parties adhere to its stipulations.

CT Labour Hire Pty Ltd T/A CT Labour Hire

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established