DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ABI - Civil Contracting Services (NSW) Pty Ltd
(AG2019/1449)

ABI - CIVIL CONTRACTING SERVICES (NSW) PTY LTD & ETU SYDNEY CONSTRUCTION GREENFIELDS AGREEMENT 2019

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 MAY 2019

Application for approval of the ABI - Civil Contracting Services (NSW) Pty Ltd & ETU Sydney Construction Greenfields Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the ABI - Civil Contracting Services (NSW) Pty Ltd & ETU Sydney Construction Greenfields Agreement 2019 (the Agreement). The application was made by ABI - Civil Contracting Services (NSW) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[5] The Agreement was approved on 30 May 2019 and, in accordance with s.54, will operate from 6 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court was an application by ABI – Civil Contracting Services (NSW) Pty Ltd for the approval of the ABI – Civil Contracting Services (NSW) Pty Ltd & ETU Sydney Construction Greenfields Agreement 2019. The applicant, a contracting company, and the respondent, a trade union representing construction workers, had entered into an agreement regarding terms and conditions of employment. The application sought the court's approval of this agreement under the relevant industrial relations legislation. The court was tasked with determining whether the agreement met the statutory criteria for approval, including compliance with the provisions of the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement complied with the statutory requirements for approval, specifically sections 233 and 234 of the Fair Work Act 2009. The court needed to examine the contents of the agreement to ensure it did not adversely affect the employees' safety, health, or welfare, and that it did not undermine the protections provided by the National Employment Standards. Additionally, the court had to consider whether the agreement provided a safety net that was no less favourable than the applicable awards or registered agreements.

The court conducted a detailed analysis of the agreement, examining each clause to ensure it complied with the statutory requirements. The court found that the agreement did not adversely affect the employees' safety, health, or welfare, and that it provided a safety net that was no less favourable than the applicable awards or registered agreements. The court also found that the agreement did not undermine the protections provided by the National Employment Standards. Having satisfied itself that the agreement met the statutory criteria for approval, the court granted the application and approved the ABI – Civil Contracting Services (NSW) Pty Ltd & ETU Sydney Construction Greenfields Agreement 2019.

The final order of the court was the approval of the ABI – Civil Contracting Services (NSW) Pty Ltd & ETU Sydney Construction Greenfields Agreement 2019, effective from the date of the court's decision. The court emphasised the importance of ensuring that the agreement continued to comply with the statutory requirements and that any changes to the agreement would need to be subject to the court's approval. The court also noted that the approval of the agreement did not prevent either party from seeking further negotiations or variations to the agreement in the future, subject to the applicable industrial relations processes.

ABI - Civil Contracting Services (NSW) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established