CTDI Australia Pty Ltd

[2025] FWCA 495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

CTDI Australia Pty Ltd

(AG2025/119)

CTDI AUSTRALIA (THE YARDS) ENTERPRISE AGREEMENT 2025

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 7 FEBRUARY 2025

Application for approval of the CTDI Australia (The Yards) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the CTDI Australia (The Yards) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CTDI Australia Pty Ltd. The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2025. The nominal expiry date of the Agreement is 14 February 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, CTDI Australia Pty Ltd, sought approval of the Enterprise Agreement 2025, which is proposed to govern the employment conditions of its employees, referred to as "the yards." The Fair Work Commission (FWC) was tasked with determining whether the agreement met the criteria set out in the Fair Work Act 2009, specifically focusing on the agreement's compliance with the "better off overall test" (BOOT) and other relevant provisions. This test requires that the proposed agreement should be at least as good as the applicable award or existing enterprise agreement, considering both financial and non-financial benefits. The primary issue was whether the terms and conditions proposed in the agreement provided a net benefit to the employees, and if they were fairly negotiated.

The FWC carefully examined the proposed agreement, considering the submissions from both parties. The commission assessed the financial aspects, including wages and other benefits, and evaluated the non-financial terms, such as working conditions, leave entitlements, and dispute resolution mechanisms. The applicant argued that the proposed agreement was beneficial and fairly negotiated, while the respondents contended that certain provisions did not meet the BOOT. The FWC needed to determine if the agreement provided a net benefit to employees and if it was genuinely negotiated.

After thorough analysis, the FWC concluded that the proposed agreement did meet the BOOT, and the terms and conditions were fairly negotiated. The commission found that the financial provisions, while not significantly increasing wages, provided additional benefits through other entitlements. Non-financially, the agreement improved working conditions and offered better dispute resolution mechanisms. The FWC was satisfied that the agreement would be at least as good as the existing terms and conditions, thus meeting the legislative requirements. The commission approved the agreement, finding it to be fair and beneficial for the employees.

The FWC ordered the approval of the Enterprise Agreement 2025, effective from the date specified in the agreement. This decision ensures that the terms and conditions proposed in the agreement will apply to the employees of CTDI Australia Pty Ltd, governing their employment conditions as of the effective date.

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