Central Earthmoving Company Pty Ltd

[2021] FWCA 6111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Central Earthmoving Company Pty Ltd

(AG2021/7399)

Central Earthmoving Company Pty Ltd Enterprise Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 6 OCTOBER 2021

Application for approval of the Central Earthmoving Company Pty Ltd Enterprise Agreement 2021 (Field Personnel).

Central Earthmoving Company Pty Ltd has made an application for the approval of an enterprise agreement known as the Central Earthmoving Company Pty Ltd Enterprise Agreement 2021 (Field Personnel) (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.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and 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, 188, and 190 as are relevant to this application for approval have been met.

The Agreement was approved on 6 October 2021 and, in accordance with s 54, will operate from 13 October 2021. The nominal expiry date of the Agreement is 6 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Central Earthmoving Company Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2021 (Field Personnel). The application arose from negotiations between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute involved the terms and conditions of employment for field personnel within the company, including wages, working hours, leave entitlements, and other employment-related matters. The matter was heard in the Fair Work Commission, which has jurisdiction to approve, modify, and register enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the Enterprise Agreement complied with the requirements of the Fair Work Act and whether the agreement met the "better off overall test." The Commission needed to ensure that the agreement provided for the terms and conditions of employment of the employees no worse than they would be under the applicable awards and that the agreement was fair and reasonable. Additionally, the Commission had to verify that the necessary consultation processes had been followed and that the agreement contained the mandatory minimum terms and conditions prescribed by the Act.

The Commission found that the Enterprise Agreement complied with the requirements of the Fair Work Act. It determined that the agreement provided for terms and conditions that were at least as good as, and in some cases better than, the applicable awards. The Commission concluded that the agreement met the "better off overall test" and was fair and reasonable. The Commission also found that the necessary consultation processes had been followed, and the agreement contained all the mandatory minimum terms and conditions. The Commission approved the Enterprise Agreement, and it was registered with the Fair Work Commission.

The final orders of the Commission were that the Central Earthmoving Company Pty Ltd Enterprise Agreement 2021 (Field Personnel) be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would govern the terms and conditions of employment for field personnel within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established