DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

C & I Installations Pty Ltd T/A C & I Installations Pty Ltd
(AG2020/1819)

C & I INSTALLATIONS PTY LTD ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 10 AUGUST 2020

Application for approval of the C & I Installations Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the C & I Installations Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by C & I Installations Pty Ltd. The Agreement is a single enterprise agreement

[2] The employer 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] 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. 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[6] The Agreement was approved on 10 August 2020 and, in accordance with s.54, will operate from 17 August 2020. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant C & I Installations Pty Ltd T/A C & I Installations Pty Ltd applied for the approval of the C & I Installations Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022. The applicant is an employer in the construction industry, and the applicant was represented by Mr A. Smith. The respondents, the Electrical Trades Union of Australia and the Australian Manufacturing Workers' Union, were represented by Mr J. Brown.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the minimum requirements for an enterprise agreement. The Commission had to consider whether the agreement provided for a fair and efficient workplace, whether it included appropriate mechanisms for dispute resolution, and whether it complied with the good faith bargaining requirements.

The Commission found that the agreement was compliant with the provisions of the Fair Work Act. The agreement contained provisions for a fair and efficient workplace, including provisions for hours of work, wages, and other conditions of employment. The agreement also included appropriate mechanisms for dispute resolution, including provisions for conciliation and arbitration. The Commission was satisfied that the agreement had been made in good faith and that the parties had met the minimum requirements for an enterprise agreement. The Commission approved the agreement, subject to the imposition of a six-month probationary period.

The orders of the Commission were that the C & I Installations Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022 be approved, subject to the imposition of a six-month probationary period. The probationary period was imposed to allow for the agreement to be reviewed and to ensure that it continued to meet the requirements of the Fair Work Act. The applicant and respondents were directed to take all necessary steps to give effect to the approved agreement and to comply with its terms.

C & I Installations Pty Ltd T/A C & I Installations 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