Elsdon Pty Ltd as trustee for The Cays Family Trust T/A Cays Engineering

[2022] FWCA 3387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Elsdon Pty Ltd as trustee for The Cays Family Trust T/A Cays Engineering

(AG2022/3649)

Cays Engineering Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 30 SEPTEMBER 2022

Application for approval of the Cays Engineering Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Cays Engineering Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elsdon Pty Ltd as trustee for The Cays Family Trust T/A Cays Engineering. 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 7 October 2022. The nominal expiry date of the Agreement is 30 September 2026.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Elsdon Pty Ltd as trustee for The Cays Family Trust, trading as Cays Engineering, applied to the Fair Work Commission for the approval of the Cays Engineering Enterprise Agreement 2022. The dispute involved the terms and conditions of employment for the employees under the enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues that the Commission was required to address included whether the agreement covered all employees, provided for appropriate minimum rates of pay, and allowed for the negotiation of future agreements. Additionally, the Commission had to consider whether the agreement was free from any unlawful content and whether it complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission examined the provisions of the agreement and found that it adequately covered all employees and provided for minimum rates of pay. The agreement also allowed for the negotiation of future agreements, which was in line with the requirements of the Fair Work Act. The Commission further found that the agreement was free from any unlawful content and met all the necessary provisions of the Fair Work Act. As a result, the Commission approved the Cays Engineering Enterprise Agreement 2022.

In conclusion, the Fair Work Commission approved the Cays Engineering Enterprise Agreement 2022, finding that it met all the requirements of the Fair Work Act. The agreement was deemed to cover all employees, provide for appropriate minimum rates of pay, and allow for the negotiation of future agreements. Furthermore, the agreement was found to be free from any unlawful content and complied with the relevant provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established