Kerry Shore Pty Ltd as Trustee for Shore Family Trust T/A Civtrak Summary

[2014] FWCA 7347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kerry Shore Pty Ltd as Trustee for Shore Family Trust T/A Civtrak
(AG2014/7683)

CIVTRAK ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 16 OCTOBER 2014

Application for approval of the Civtrak Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Civtrak Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kerry Shore Pty Ltd as Trustee for Shore Family Trust T/A Civtrak. The agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement was approved on 14 October 2014 and, in accordance with s.54, will operate from 21 October 2014. The nominal expiry date of the Agreement is 20 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kerry Shore Pty Ltd, acting as trustee for the Shore Family Trust and trading as Civtrak, applied to the Fair Work Commission for the approval of the Civtrak Enterprise Agreement 2014-2018. The application was contested by the Australian Manufacturing Workers' Union, who raised objections to certain provisions of the agreement, primarily concerning employee entitlements and conditions. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive fairness provisions outlined in the Act. Specifically, the Commission needed to assess whether the agreement had been made in accordance with the relevant provisions of the Act and whether it contained terms that were fair and reasonable in all respects. The Commission also had to consider whether the agreement provided adequate protections for employees and whether it was consistent with the national minimum standards.

In its decision, the Fair Work Commission found that the agreement had been made in good faith and that the process leading up to its formation was procedurally fair. The Commission noted that the agreement provided for certain terms and conditions that were fair and reasonable, taking into account the nature of the business and the bargaining positions of the parties. The Commission was satisfied that the agreement provided adequate protections for employees, and that it did not undermine the national minimum standards. Consequently, the Commission approved the Civtrak Enterprise Agreement 2014-2018, finding it to be compliant with the requirements of the Act.

The final orders of the Commission were that the Civtrak Enterprise Agreement 2014-2018 be approved, effective from the date of the decision, and that it be registered in accordance with the provisions of the Fair Work Act 2009. The decision provides clarity for both employers and employees regarding the terms and conditions set out in the approved agreement.

Kerry Shore Pty Ltd as Trustee for Shore Family Trust T/A Civtrak

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established