DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Biondic Investments Pty Ltd T/A Universal Civil Contracting
(AG2016/306)

UNIVERSAL CIVIL CONTRACTING ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2016

Application for approval of the Universal Civil Contracting Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Universal Civil Contracting Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Biondic Investments Pty Ltd T/A Universal Civil Contracting. 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

Biondic Investments Pty Ltd, trading as Universal Civil Contracting, applied to the Fair Work Commission for approval of the Universal Civil Contracting Enterprise Agreement 2015. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) who raised concerns about the fairness and compliance of the agreement with various legislative provisions. The Fair Work Commission was required to determine whether the agreement met the requirements for registration under the Fair Work Act 2009.

The primary legal issues centred on whether the agreement contained all necessary terms as stipulated by the Fair Work Act, whether the agreement was made in accordance with relevant industrial laws, and whether the agreement was fair and reasonable in its terms. Specifically, the court had to examine the procedural fairness in the agreement's creation and its substantive fairness regarding wages, conditions, and other employment terms.

The Fair Work Commission carefully reviewed the submissions from both parties and the content of the agreement. It found that while the agreement contained most of the required terms, it did not adequately address certain provisions concerning allowances and entitlements. The Commission concluded that the agreement did not meet the statutory requirement for procedural fairness due to insufficient consultation and negotiation processes. As a result, the Commission did not approve the agreement, finding it to be unfair and non-compliant with legislative standards.

As a result of the findings, the Fair Work Commission did not grant approval of the Universal Civil Contracting Enterprise Agreement 2015. The decision was communicated to the parties, and the agreement remains unapproved pending further negotiation and compliance with relevant industrial laws.

Biondic Investments Pty Ltd T/A Universal Civil Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established