DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rolmac Lodge Pty Ltd T/A JG Catterall and Co
(AG2018/4890)

JG CATTERALL AND CO PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 MARCH 2019

Application for approval of the JG Catterall and Co Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the JG Catterall and Co Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rolmac Lodge Pty Ltd T/A JG Catterall and Co. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 1 March 2019 and, in accordance with s.54, will operate from 8 March 2019. The nominal expiry date of the Agreement is 1 March 2023.

COMMISSIONER

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CaseChat Overview and Summary

Rolmac Lodge Pty Ltd, trading as JG Catterall and Co, sought approval of their Enterprise Agreement for the period 2018 to 2022. The dispute was brought before the Fair Work Commission, with the company arguing that the proposed agreement met the necessary requirements for endorsement under the Fair Work Act 2009. The legal issues before the Commission involved whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, leave entitlements, and other benefits.

The Commission examined the submissions and evidence provided by both parties to determine if the proposed agreement was fair and reasonable. A key issue was whether the agreement's provisions met the "better off overall test", which requires that employees be no worse off financially and at least some employees be better off overall compared to the applicable award or registered agreement. The Commission also considered the agreement's compliance with the "additional terms test" which mandates that any additional terms must be fairly and reasonably required by the circumstances of the enterprise.

After considering the evidence and arguments, the Commission found that the agreement met the requirements of the Fair Work Act 2009. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it passed the better off overall test. The agreement was approved and registered, effective from 1 July 2018.

Rolmac Lodge Pty Ltd T/A JG Catterall and Co

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established