DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elsdon Pty Ltd T/A Cays Engineering
(AG2018/1521)

CAYS ENGINEERING ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 AUGUST 2018

Application for approval of the Cays Engineering Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cays Engineering Enterprise Agreement 2018 (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 T/A Cays Engineering. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 17 August 2018 and, in accordance with s.54, will operate from 24 August 2018. The nominal expiry date of the Agreement is 17 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Elsdon Pty Ltd, trading as Cays Engineering, applied to the Fair Work Commission for approval of the Cays Engineering Enterprise Agreement 2018. The Fair Work Commission was required to determine if the agreement met the requirements of the Fair Work Act 2009, including whether it facilitated the achievement of a productive workplace relationship, and if it was made in good faith.

The Commission examined whether the agreement contained the minimum terms and conditions mandated by the Act, and whether it was made in accordance with the procedural requirements of the legislation. This included an assessment of whether there was sufficient consultation between the employer and the employees during the negotiation process. The Commission also considered whether the agreement provided for the resolution of disputes and the protection of employees' rights.

After a detailed review, the Commission found that the agreement met the necessary criteria for approval. The agreement provided for the minimum terms and conditions required by the Act, and there was evidence of sufficient consultation between the parties. The agreement also included provisions for the resolution of disputes and the protection of employees' rights. Consequently, the Commission approved the Cays Engineering Enterprise Agreement 2018.

The Fair Work Commission approved the Cays Engineering Enterprise Agreement 2018, confirming that it complied with the statutory requirements and facilitated a productive workplace relationship. The decision highlighted the importance of ensuring that enterprise agreements meet the minimum standards set by the Fair Work Act and that the negotiation process is conducted in good faith. This case reinforces the Commission's role in overseeing the approval of enterprise agreements to maintain fair and balanced workplace relationships.

Elsdon Pty Ltd T/A Cays Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established