Custom Transportable Buildings Pty Limited T/A CTB Industries

[2022] FWCA 1580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Custom Transportable Buildings Pty Limited T/A CTB Industries

(AG2022/1203)

CTB Industries Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER O'NEILL	MELBOURNE, 12 MAY 2022

Application for approval of the CTB Industries Enterprise Agreement 2022

Custom Transportable Buildings Pty Limited has applied for approval of an enterprise agreement known as the CTB Industries Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 13.1.4 – Ending Employment;
·   Clause 18.2 – Redundancy; and
·   Clause 22.1.2 - Public Holidays.

However, noting clause 4.2.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2022. The nominal expiry date of the Agreement is 18 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Custom Transportable Buildings Pty Limited trading as CTB Industries. The company sought approval of an enterprise agreement that was to govern the terms and conditions of employment for its employees. The application was made by the company, and the Australian Council of Trade Unions was the respondent. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly with respect to the provisions regarding employee entitlements, conditions, and the process through which the agreement was negotiated.

The legal issues before the Commission involved the scrutiny of the proposed agreement to ensure it complied with the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to determine whether the agreement was made in good faith and whether it contained the minimum terms and conditions that the Act mandates. Additionally, the Commission assessed whether the agreement was negotiated in a manner that ensured fair representation of the employees' interests and whether it provided adequate protections and benefits.

In delivering its decision, the Fair Work Commission examined the negotiation process and the content of the agreement. The Commission was satisfied that the agreement was negotiated in good faith and that it contained all the mandated minimum terms and conditions. The Commission also found that the agreement provided appropriate protections and benefits for the employees. As a result, the Commission approved the application for the CTB Industries Enterprise Agreement 2022. This decision was grounded in the Commission's determination that the agreement met all statutory requirements and adequately represented the interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established