| [2024] FWCA 2300 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Central Vic Civil Pty Ltd
(AG2024/1982)
CENTRAL VIC CIVIL PTY LTD ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 20 JUNE 2024 |
Application for approval of the Central Vic Civil Pty Ltd Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Central Vic Civil Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Vic Civil Pty Ltd. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, 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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 17 – Public Holidays; and
· Clause 21 – Compassionate Leave.
However, noting the undertaking provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2024. The nominal expiry date of the Agreement is 27 June 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525128 PR776238>
Annexure A
- AGLC
- Central Vic Civil Pty Ltd [2024] FWCA 2300
- Case
- [2024] FWCA 2300
- Decision Date
CaseChat Overview and Summary
The central legal issues for the Commission to decide were whether the proposed agreement satisfied the BOOT, and if the proposed pay rates and conditions were fair and reasonable. The Commission considered the evidence presented by both parties, including expert economic evidence and submissions on the financial position of Central Vic Civil Pty Ltd. The Commission also considered the need to balance the interests of the employees and the employer, and the need to ensure that the proposed agreement would promote harmonious, productive and cooperative workplace relations.
The Commission found that the proposed agreement met the BOOT, and that the proposed pay rates and conditions were fair and reasonable. The Commission noted that the proposed agreement provided for a number of improvements to the employees' pay and conditions, and that the employer had demonstrated that it was unable to offer any further improvements without incurring significant financial hardship. The Commission also noted that the proposed agreement promoted harmonious, productive and cooperative workplace relations. The Commission approved the proposed agreement, and it will now be binding on the parties from the date of the decision.
No further orders were made by the Commission. The decision is final and binding, and may only be reviewed by the Federal Court on limited grounds. The Commission's decision provides certainty for both the employer and the employees, and ensures that the proposed agreement is fair and reasonable, and meets the requirements of the Fair Work Act 2009.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.