DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Civil and Mining Pty Ltd
(AG2017/1191)

AUSTRALIAN CIVIL AND MINING PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 MAY 2017

Application for approval of the Australian Civil and Mining Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Civil and Mining Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Civil and Mining Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] 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. 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.

[4] The Agreement was approved on 25 May 2017 and, in accordance with s.54, will operate from 1 June 2017. The nominal expiry date of the Agreement is 25 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Civil and Mining Pty Ltd, sought the Fair Work Commission's approval of an enterprise agreement, which had been made between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The agreement was intended to regulate the terms and conditions of employment for the employees, covering matters such as wages, hours of work, leave entitlements, and other employment-related issues. The dispute centred on whether the agreement complied with the relevant legislative framework and whether it was made in accordance with the applicable statutory requirements.

The legal issues before the Commission involved determining whether the agreement was genuinely negotiated and whether it adhered to the provisions of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement contained the minimum terms and conditions prescribed by the relevant award or safety net award, if it complied with the procedural requirements for bargaining and agreement approval, and if it was made in good faith and without coercion. Additionally, the Commission examined whether the agreement promoted workplace harmony and productivity.

The Commission found that the agreement was genuinely negotiated and complied with the statutory requirements. The agreement contained the minimum terms and conditions prescribed by the relevant award, and it adhered to the procedural requirements for bargaining and agreement approval. The evidence demonstrated that the agreement was made in good faith and without coercion, and it promoted workplace harmony and productivity. Consequently, the Commission approved the Australian Civil and Mining Pty Ltd Enterprise Agreement 2017.

The Fair Work Commission approved the Australian Civil and Mining Pty Ltd Enterprise Agreement 2017, finding that it was genuinely negotiated, contained the minimum terms and conditions prescribed by the relevant award, and complied with the procedural requirements for bargaining and agreement approval. The Commission determined that the agreement was made in good faith and without coercion, and it promoted workplace harmony and productivity. The approval is effective from the date of the Commission's decision.

Australian Civil and Mining 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