DECISION

Fair Work Act 2009
s.185—Enterprise agreement

365 Civil Constructions Pty Limited
(AG2019/1716)

365 CIVIL CONSTRUCTIONS PTY LIMITED ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 17 JULY 2019

Application for approval of the 365 Civil Constructions Pty Limited Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the 365 Civil Constructions Pty Limited Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 365 Civil Constructions Pty Limited. 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 24 July 2019. The nominal expiry date of the Agreement is 10 April 2023.

COMMISSIONER

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CaseChat Overview and Summary

365 Civil Constructions Pty Limited applied to the Fair Work Commission (FWC) for approval of the 365 Civil Constructions Pty Limited Enterprise Agreement 2019-2023. The application was brought before Commissioner Gilmore, who was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The legal issues before the FWC were whether the agreement was in the interests of the employees and whether the agreement was made in good faith. The FWC noted that the agreement contained provisions that were in the interests of the employees, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. However, the FWC also noted that the agreement did not contain provisions for redundancy payments or termination payments, which were not in the interests of the employees.

The FWC considered whether the agreement was made in good faith, and whether the employer had engaged in genuine bargaining with the employees' representative. The FWC noted that the employer had provided the employees' representative with relevant information and had engaged in discussions with the representative. However, the FWC also noted that the employer had not provided the representative with certain information, such as financial information, which may have been relevant to the bargaining process. The FWC concluded that the employer had engaged in genuine bargaining, but that there were some shortcomings in the process.

The FWC concluded that, despite the shortcomings in the bargaining process, the agreement was in the interests of the employees and was made in good faith. The FWC approved the agreement, subject to certain conditions, including that the employer provide the employees' representative with certain information and that the agreement be reviewed in two years. The employer was ordered to take all necessary steps to give effect to the approved agreement.

365 Civil Constructions Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established