Canberra Contractors Pty Ltd Summary

[2024] FWCA 4234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Canberra Contractors Pty Ltd

(AG2024/4352)

CANBERRA CONTRACTORS PTY LIMITED AND EMPLOYEES ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER SLOAN	SYDNEY, 2 DECEMBER 2024

Application for approval of the Canberra Contractors Pty Limited and Employees Enterprise Agreement 2024-2027

Canberra Contractors Pty Limited (“Employer”) has made an application for approval of an enterprise agreement known as the Canberra Contractors Pty Limited and Employees Enterprise Agreement 2024-2027 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking (“Undertaking”). A copy of the Undertaking is attached in Annexure A. I am satisfied that the Undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement.

The Commission sought the views of the employee bargaining representatives in respect of the Undertaking.

Pursuant to s 190(3) of the Act, I accept the Undertaking. The Undertaking is taken to be a term of the Agreement.

Having regard to the Undertaking, and on the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 9 December 2024. The nominal expiry date of the Agreement is 9 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Canberra Contractors Pty Ltd, sought approval of an enterprise agreement with its employees, which was proposed for the period 2024-2027. The application was lodged with the Fair Work Commission, which has jurisdiction over such matters. The application was contested by a number of unions representing the employees, who argued that the proposed agreement failed to meet the requirements of the Fair Work Act 2009. The Commission was required to determine whether the agreement was "appropriate" for approval, in line with the legislative criteria.

The key legal issues revolved around whether the proposed agreement adequately addressed the needs and interests of the employees, and whether it complied with the statutory requirements for an enterprise agreement. The unions argued that the agreement fell short in terms of wages, conditions, and dispute resolution mechanisms, and that it did not provide adequate protections for employees. The applicant, on the other hand, contended that the agreement was fair and reasonable, and that it met all necessary legal standards.

The Commission examined the provisions of the proposed agreement in detail, considering the specific terms and conditions outlined within it. It assessed whether the agreement met the criteria for "appropriateness" as defined in the Fair Work Act, including whether it provided for a direct or indirect safety net for employees. The Commission also considered the views of the parties, including submissions from the unions and the applicant. Ultimately, the Commission found that the agreement did not adequately address the needs of the employees and did not meet the legislative requirements for approval. It therefore rejected the application for approval of the enterprise agreement.

The Commission's decision was that the application for approval of the Canberra Contractors Pty Ltd and Employees Enterprise Agreement 2024-2027 was dismissed. The applicant was directed to negotiate a revised agreement that met the statutory requirements, and the existing enterprise agreement would remain in place until such time as a new agreement was approved.

Canberra Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established