Application by Cirillo Labour Hire Pty Ltd

[2024] FWCA 1084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Application by Cirillo Labour Hire Pty Ltd

(AG2024/756)

CIRILLO CIVIL GROUP AUSTRALIA AND EMPLOYEES ENTERPRISE AGREEMENT 2024 - 2028

Building, metal and civil construction industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 27 MARCH 2024

Application for approval of the Cirillo Civil Group Australia and Employees Enterprise Agreement 2024 - 2028

Introduction

Cirillo Labour Hire Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Cirillo Civil Group Australia and Employees Enterprise Agreement 2024 - 2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

NES precedence term in Clause 4 of the Agreement

Clause 35.8 which deals with compassionate leave may be inconsistent with the National Employment Standards (NES) as it is silent on circumstances where an employee or their spouse or de facto partner has a miscarriage or gives birth to a stillborn child. I note that in accordance with the NES precedence term in Clause 4 of the Agreement and as amended by the undertakings, this clause will be read and interpreted in conjunction with the NES.

Section 190 Undertakings

The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2024. The nominal expiry date of the Agreement is 27 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application by Cirillo Labour Hire Pty Ltd was brought before the Fair Work Commission. The applicant, Cirillo Labour Hire Pty Ltd, sought approval for the Cirillo Civil Group Australia and Employees Enterprise Agreement 2024-2028. The agreement was proposed to govern the employment conditions of the workers within the civil group of the applicant. The primary issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly sections pertaining to good faith bargaining and the substantive terms of the agreement.

The Commission examined the process through which the agreement was reached, ensuring that there was genuine negotiation and that the agreement reflected the principles of good faith bargaining. The applicant presented evidence to demonstrate that the agreement was negotiated in good faith and that it contained terms that were fair and reasonable. The Commission also evaluated the substantive terms of the agreement, such as wages, working conditions, and dispute resolution mechanisms, to ensure they complied with the relevant provisions of the Fair Work Act. Additionally, the Commission considered submissions from other stakeholders, including employees and other industry representatives, to ensure the agreement was balanced and fair.

After reviewing the evidence and submissions, the Commission found that the agreement was negotiated in good faith and that its substantive terms were fair and reasonable. The Commission was satisfied that the agreement met the requirements of the Fair Work Act, including the obligations to bargain in good faith and the standards for approving enterprise agreements. Consequently, the Commission approved the Cirillo Civil Group Australia and Employees Enterprise Agreement 2024-2028. This decision ensures that the agreement will govern the employment conditions of the workers within the civil group of Cirillo Labour Hire Pty Ltd 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