DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CTA (NSW) Pty Ltd
(AG2017/2387)

CTA (NSW) PTY LTD – INSTALLATION OF TACTILE GROUND SURFACE INDICATOR AND OTHER ACCESS PRODUCTS – ENTERPRISE AGREEMENT 2017-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 OCTOBER 2017

Application for approval of the CTA (NSW) Pty Ltd - Installation of Tactile Ground Surface Indicator and Other Access Products - Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the CTA (NSW) Pty Ltd - Installation of Tactile Ground Surface Indicator and Other Access Products - Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CTA (NSW) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 23 October 2017 and, in accordance with s.54, will operate from 30 October 2017. The nominal expiry date of the Agreement is 30 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved CTA (NSW) Pty Ltd, which sought approval from the Fair Work Commission for its enterprise agreement concerning the installation of tactile ground surface indicators and other access products. The dispute was heard in the Fair Work Commission of Australia. The application was brought by CTA (NSW) Pty Ltd, an entity engaged in the installation of tactile ground surface indicators and other access products, which sought approval of the Enterprise Agreement 2017-2020. The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for coverage, bargaining, and good faith.

The Commission carefully considered the provisions of the agreement and whether they adhered to the legislative framework. It examined the scope of the agreement, the bargaining process, and whether the agreement was made in good faith. The Commission noted that the agreement covered employees within the relevant industry and provided for the terms and conditions of their employment. It assessed whether the agreement was fairly negotiated and whether it met the requirements for good faith bargaining as mandated by the Act. The Commission concluded that the agreement was comprehensive, inclusive, and fairly negotiated, meeting all legal requirements.

In light of its findings, the Commission approved the Enterprise Agreement 2017-2020. The decision was based on the agreement's compliance with the Fair Work Act 2009 and its adherence to the principles of good faith bargaining and coverage. The Commission's approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between CTA (NSW) Pty Ltd and its employees for the specified period. This decision provides clarity and legal certainty for both the employer and the employees involved.

CTA (NSW) 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