Altere Civil Pty Ltd

[2022] FWCA 3949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Altere Civil Pty Ltd

(AG2022/4606)

ALTERE CIVIL PTY LTD AND THE CFMEU (VICTORIANCONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ASPHALT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 16 NOVEMBER 2022

Application for approval of the Altere Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Asphalt Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the Altere Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Asphalt Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Altere Civil Pty Ltd recently faced a legal dispute concerning the approval of their subcontractor agreement with the CFMEU (Victorian Construction and General Division) Subcontractors Asphalt Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission. The central issue before the court was whether the enterprise agreement met the criteria set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the requirements for a modern award and whether it covered all necessary terms.

The court examined the procedural fairness of the negotiation process, the appropriateness of the agreement's terms, and its compliance with statutory provisions. The court also considered whether the agreement provided a fair balance between the rights and obligations of the employer and the employees. The company argued that the agreement was a product of good faith negotiations and that it fairly reflected the bargaining positions of both parties. The union, on the other hand, raised concerns about certain clauses that they believed were not in the best interests of the employees.

After careful consideration of the evidence and arguments presented, the court found that the enterprise agreement was procedurally fair and substantively valid. The agreement was deemed to comply with the statutory requirements and provided a fair balance between the parties' rights and obligations. Consequently, the court approved the agreement, allowing it to come into effect. This decision ensures that the terms of the agreement will govern the relationship between the company and the union for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established