DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ace Civil Services Pty Ltd
(AG2018/1740)

ACE CIVIL SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 MAY 2018

Application for approval of the Ace Civil Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ace Civil Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ace Civil Services 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. 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 Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 May 2018 and, in accordance with s.54, will operate from 28 May 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Ace Civil Services Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between Ace Civil Services Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly regarding the protection of employee interests and the compliance with procedural fairness.

The key legal issues that the Commission needed to address were whether the agreement provided for the proper negotiation process, whether it contained mandatory terms that were fair and reasonable, and whether it adequately protected the interests of employees. Additionally, the Commission had to determine if the agreement complied with the requirements for approval under section 230 of the Fair Work Act.

In reaching its decision, the Commission considered the evidence provided by both parties and examined the provisions of the agreement. It found that the negotiation process was generally fair and that the mandatory terms were reasonable and not contrary to public policy. The Commission also determined that the agreement did not unfairly disadvantage employees and met the statutory requirements for approval. Consequently, the application for approval was successful.

The Commission approved the enterprise agreement, highlighting that it provided a fair and reasonable framework for the employment relationship between the parties. The approval was contingent on the agreement being registered with the Fair Work Commission. This decision ensures that the terms of the agreement are legally binding and enforceable for the specified period.

Ace Civil Services 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