Biondic Investments Pty Ltd T/A Universal Civil Contracting

[2022] FWCA 3924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Biondic Investments Pty Ltd T/A Universal Civil Contracting

(AG2022/4457)

Universal Civil Contracting Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 8 NOVEMBER 2022

Application for approval of the Universal Civil Contracting Enterprise Agreement 2022

Biondic Investments Pty Ltd T/A Universal Civil Contracting has made an application for the approval of an enterprise agreement known as the Universal Civil Contracting Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 8 November 2022 and, in accordance with s 54, will operate from 15 November 2022. The nominal expiry date of the Agreement is 30 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Biondic Investments Pty Ltd, trading as Universal Civil Contracting, applied for the approval of the Universal Civil Civil Contracting Enterprise Agreement 2022 under the Fair Work Act 2009. The applicant argued that the agreement met the requirements for registration, including its adherence to the Fair Work Act and its resolution of all outstanding enterprise bargaining issues. The Australian Industrial Relations Commission was tasked with determining whether the agreement fulfilled the necessary criteria for approval.

The primary legal issue before the commission was whether the agreement was fit for registration. This involved assessing whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, was free from prohibited content, and was fairly negotiated. Additionally, the commission needed to ensure that the agreement did not contain any terms that would undermine the rights of employees or contravene the spirit of the Fair Work Act.

The commission found that the Universal Civil Contracting Enterprise Agreement 2022 met all the criteria for approval. It contained all the mandatory terms and was free from prohibited content. The commission was satisfied that the agreement was fairly negotiated and did not undermine the rights of employees. Furthermore, the commission noted that the agreement addressed all outstanding enterprise bargaining issues. Therefore, the commission approved the agreement for registration.

The commission's decision was based on the comprehensive evidence presented by Biondic Investments Pty Ltd, which demonstrated that the agreement was in compliance with the Fair Work Act. The final order was that the Universal Civil Contracting Enterprise Agreement 2022 be approved for registration. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would govern their relationship going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established