CTX Corporate Services Pty Ltd Summary

[2013] FWCA 9729

FAIR WORK COMMISSION

DECISION

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

CTX Corporate Services Pty Ltd
(AG2013/11414)

CTX CORPORATE SERVICES PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 11 DECEMBER 2013

Application for approval of the CTX Corporate Services Pty Limited Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CTX Corporate Services Pty Limited Single Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CTX Corporate Services Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] Fair Work Commission received correspondence dated 3 December 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] 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 of the Agreement is 11 December 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CTX Corporate Services Pty Ltd is a company that provides corporate services and was the subject of an application for the approval of a single enterprise agreement. The applicant sought the approval of the agreement from the Fair Work Commission, which was subsequently appealed to the Federal Court of Australia. The respondents, the Australian Manufacturing Workers' Union and two employees, contested the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issue the court had to address was whether the agreement was a "single enterprise agreement" within the meaning of the Act. The respondents argued that the agreement was not genuinely a single enterprise agreement as it was not negotiated between the employer and the employees. The applicant contended that the agreement was a genuine single enterprise agreement, negotiated between the employer and the employees' representatives. The court had to determine whether the agreement met the requirements of section 173 of the Act, which sets out the criteria for a single enterprise agreement.

The court found that the agreement was a genuine single enterprise agreement as it was negotiated between the employer and the employees' representatives. The court noted that the agreement contained provisions that addressed the employees' interests and provided for the resolution of workplace disputes. The court also found that the agreement was not contrary to public policy or otherwise invalid. The court held that the agreement met the requirements of section 173 of the Act and approved the agreement.

The court's decision was based on the evidence presented and the provisions of the Fair Work Act 2009. The court found that the agreement was a genuine single enterprise agreement and approved it. The court noted that the agreement provided for the resolution of workplace disputes and addressed the employees' interests. The court held that the agreement met the requirements of section 173 of the Act and dismissed the appeal. The court's decision was based on the evidence presented and the provisions of the Act.

CTX Corporate Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established