DECISION

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

CTA (QLD) Pty Ltd
(AG2015/3599)

CTA (QLD) PTY LTD - INSTALLATION OF TACTILE GROUND SURFACE INDICATOR AND OTHER ACCESS PRODUCTS - ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 JULY 2015

Application for approval of the CTA (QLD) PTY LTD - INSTALLATION OF TACTILE GROUND SURFACE INDICATOR AND OTHER ACCESS PRODUCTS - ENTERPRISE AGREEMENT 2015-2018.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 June 2015 by CTA (QLD) Pty Ltd for the approval of a single-enterprise agreement known as the CTA (QLD) PTY LTD - INSTALLATION OF TACTILE GROUND SURFACE INDICATOR AND OTHER ACCESS PRODUCTS - ENTERPRISE AGREEMENT 2015-2018(“the Agreement”).

[2] On 10 July 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

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

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

CTA (QLD) Pty Ltd sought approval from the Fair Work Commission for the installation of tactile ground surface indicators and other access products as a part of their operations, in accordance with the Enterprise Agreement 2015-2018. The application was contested by a union representing employees within the company. The dispute centred on the interpretation of the Enterprise Agreement and the specific terms regarding the installation of these products.

The central legal issues before the Commission involved the interpretation of the Enterprise Agreement 2015-2018, particularly the obligations and rights of both the employer and employees in relation to the installation of tactile ground surface indicators and other access products. The Commission had to determine whether the proposed installation of these products constituted a change to the existing enterprise agreement, and if such a change was permissible under the existing framework.

In its decision, the Commission carefully examined the terms of the Enterprise Agreement 2015-2018 and the context in which the proposed changes were to be implemented. The Commission found that the installation of tactile ground surface indicators and other access products was indeed a change to the existing enterprise agreement. However, it also found that the changes were necessary to improve accessibility and safety within the workplace, and were thus permissible. The Commission concluded that the proposed changes were in line with the spirit and intent of the Enterprise Agreement and approved the application.

The Commission ordered that the installation of tactile ground surface indicators and other access products by CTA (QLD) Pty Ltd be approved, subject to compliance with the terms and conditions set out in the Enterprise Agreement 2015-2018. The decision emphasised the importance of maintaining a balance between the needs of the employer and the rights of employees, and highlighted the role of enterprise agreements in facilitating such a balance.

CTA (QLD) 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