CTCI Pty Limited T/A CTCI Summary

[2013] FWCA 7969

FAIR WORK COMMISSION

DECISION

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

CTCI Pty Limited T/A CTCI
(AG2013/10604)

CTCI PTY LIMITED EMPLOYEE COLLECTIVE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 11 OCTOBER 2013

Application for approval of the CTCI Pty Limited Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CTCI Pty Limited Employee Collective Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by CTCI Pty Limited (“the applicant”). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CTCI Pty Limited T/A CTCI brought an application for approval of their Employee Collective Agreement 2013. The application was heard by the Fair Work Commission. The nature of the dispute involved the terms and conditions of employment for the workers represented by the agreement, which was a product of negotiations between the employer and the employees' representative.

The legal issues before the Commission included whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, such as compliance with the provisions of the Act, fairness, and whether it was genuinely negotiated. The Commission also considered if the agreement covered all relevant employees and if it provided adequate protections and benefits.

The Commission examined the content of the agreement and the process by which it was negotiated. It was determined that the agreement was fairly negotiated and contained terms that were reasonable and not detrimental to the employees. The Commission noted that the agreement provided for appropriate minimum conditions of employment, including wages, leave entitlements, and other benefits. The Commission concluded that the agreement met all the necessary criteria for approval and was in the best interest of the employees.

The Fair Work Commission approved the CTCI Pty Limited Employee Collective Agreement 2013, recognising it as a valid agreement under the Fair Work Act 2009. The approval was based on the comprehensive evaluation of the agreement's terms and the process of its negotiation. This decision provides certainty for both the employer and the employees regarding the terms and conditions of their employment.

CTCI Pty Limited T/A CTCI

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established