DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CTC Commercial Pty Ltd
(AG2016/6125)

CTC COMMERCIAL PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the CTC Commercial Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CTC Commercial Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CTC Commercial 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 28 November 2016. The nominal expiry date of the Agreement is 20 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CTC Commercial Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application was opposed by the Retail and Fast Food Workers Union. The dispute was heard in the Commission, which is a specialist industrial tribunal with jurisdiction to determine matters relating to the Fair Work Act 2009. The central issue before the Commission was whether the agreement was in the best interests of the employees, as required by section 235 of the Act. The Union argued that the agreement was not in the best interests of the employees, as it contained terms that were not fair and reasonable.

The Commission examined the terms of the agreement and considered the submissions of both parties. The Commission found that the agreement contained terms that were not fair and reasonable, as they did not provide for adequate protections for employees, such as provisions for leave entitlements and the handling of disputes. The Commission also noted that the agreement had been negotiated in an environment where the employer had significant bargaining power, and the employees had limited ability to negotiate effectively. The Commission concluded that the agreement was not in the best interests of the employees and refused to approve the agreement.

The Commission made an order refusing approval of the enterprise agreement. The order was not appealed, and the agreement did not come into effect. The employees remained governed by the terms and conditions of their previous enterprise agreement or, where applicable, the relevant awards.

CTC Commercial 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