DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Celotti Australia Discretionary Trust T/A Celotti Workforce
(AG2020/3558)

CWTIS EMPLOYEE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 23 DECEMBER 2020

Application for approval of the CWTIS Employee Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the CWTIS Employee Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for Celotti Australia Discretionary Trust T/A Celotti Workforce & TRACKS Indigenous Service Pty Ltd. 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 is approved and, in accordance with s.54 of the Act, will operate from 30 December 2020. The nominal expiry date of the Agreement is 23 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the court involved an application by the Trustee for the Celotti Australia Discretionary Trust, trading as Celotti Workforce, seeking approval of the CWTIS Employee Agreement 2020. The application was heard in the Fair Work Commission, an industrial relations tribunal with jurisdiction to make binding decisions in employment disputes. The Applicant sought approval of the new employee agreement as a "single-interest" enterprise agreement under the Fair Work Act 2009. This classification would allow the agreement to bypass the usual union involvement and direct bargaining processes.

The primary legal issue for the court was whether the proposed agreement met the statutory criteria for approval as a single-interest enterprise agreement. Under the Fair Work Act, an agreement can be approved as a single-interest agreement if it is in the best interests of the employees and complies with the relevant legislative provisions. The court had to determine whether the agreement achieved this, considering factors such as whether it provided for fair and reasonable terms for employees and whether it was negotiated in good faith. The Applicant argued that the agreement was fair and in the best interests of employees, while also complying with all relevant legislative requirements.

The court examined the terms of the proposed agreement and the process by which it was negotiated. It considered whether the agreement provided for fair and reasonable terms for employees, taking into account the specific circumstances of the employees and the industry. The court also assessed whether the negotiation process was conducted in good faith and whether the agreement was genuinely intended to be in the best interests of the employees. After careful consideration, the court was satisfied that the proposed agreement met the necessary criteria. The court found that the agreement provided for fair and reasonable terms for employees, and that it was negotiated in good faith and intended to be in the best interests of the employees. The court approved the agreement, allowing it to be registered and enforceable under the Fair Work Act.

The court's decision resulted in the approval and registration of the CWTIS Employee Agreement 2020 as a single-interest enterprise agreement. This meant that the agreement would be legally binding on the employees and employers covered by the agreement. The decision provided clarity and certainty for the parties involved, allowing them to proceed with the implementation of the new agreement. The outcome of the case demonstrates the importance of ensuring that enterprise agreements are negotiated in good faith and provide fair and reasonable terms for employees, in line with the objectives of the Fair Work Act.

The Trustee for Celotti Australia Discretionary Trust T/A Celotti Workforce

DECISION

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Background to the litigation

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Legal Principle Established