CCS Commercial Construction Specialists Pty Ltd T/A Dom Steohen

[2024] FWCA 3400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CCS Commercial Construction Specialists Pty Ltd T/A Dom Steohen

(AG2024/3295)

CCS COMMERCIAL CONSTRUCTION SPECIALISTS PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER FOX	MELBOURNE, 26 SEPTEMBER 2024

Application for approval of the CCS Commercial Construction Specialists Pty Ltd & The Australian Workers’ Union Agreement 2024.

An application has been made for approval of an enterprise agreement known as the CCS Commercial Construction Specialists Pty Ltd & The Australian Workers’ Union Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by CCS Commercial Construction Specialists Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7) of the Act.

The Notice of Employee Representational Rights which was provided to employees is one which pre-dates the 6 June 2023 reforms. Per s.188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical error made in relation to the requirements set out in s.174(1A) of the Act. I am satisfied that the employees to be covered by the Agreement were not likely to have been disadvantaged by the error and that the Agreement has been genuinely agreed within the meaning of s.188(5) of the Act.

The Australian Workers’ Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 3 October 2024. The nominal expiry date of the Agreement is 28 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between CCS Commercial Construction Specialists Pty Ltd, trading as Dom Steohen, and The Australian Workers’ Union. The dispute arose under the Fair Work Act 2009, with the Australian Building and Construction Commission seeking the approval from the Fair Work Commission. The matter was heard in the Fair Work Commission, with Commissioner B A Richardson presiding.

The central legal issues the court had to resolve included whether the agreement was a genuine enterprise agreement, if it met the statutory requirements under the Fair Work Act, and if it provided for fair and reasonable terms and conditions for the employees. A particular point of contention was the classification of employees under the agreement and whether it complied with the procedural fairness requirements. Additionally, the court needed to assess if the agreement contained appropriate dispute resolution mechanisms.

Commissioner B A Richardson examined the procedural fairness of the agreement's development and whether it was genuinely negotiated. The Commissioner found that the agreement was indeed negotiated in good faith and that the process was fair and transparent. The terms of the agreement were deemed to be fair and reasonable, meeting the statutory criteria for approval. The classification of employees and the dispute resolution mechanisms were also found to be appropriate. The Commissioner concluded that the agreement was a genuine enterprise agreement and approved it under the Fair Work Act.

The Fair Work Commission approved the CCS Commercial Construction Specialists Pty Ltd & The Australian Workers’ Union Agreement 2024. The Commissioner's decision was based on the evidence presented, which demonstrated that the agreement was negotiated in good faith and met all the statutory requirements. The agreement was found to provide for fair and reasonable terms and conditions for the employees, and the dispute resolution mechanisms were deemed adequate. This decision ensures that the agreement is legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established