DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CG Projects Pty Ltd
(AG2018/3679)

CG PROJECTS PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 NOVEMBER 2018

Application for approval of the CG Projects Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the CG Projects Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CG Projects 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 8 November 2018 and, in accordance with s.54, will operate from 15 November 2018. The nominal expiry date of the Agreement is 8 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CG Projects Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The company argued that the agreement contained appropriate provisions for flexible working arrangements, among other things. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which contended that the agreement was deficient in various respects, including that it failed to provide adequate protections for employees' working conditions and entitlements.

The Commission was required to determine whether the enterprise agreement met the requirements of the Fair Work Act 2009. In particular, the Commission had to consider whether the agreement provided for the fair and equitable treatment of employees, including in relation to working arrangements, pay, and conditions. The Commission also had to assess whether the agreement had been made in good faith and whether it contained appropriate dispute resolution mechanisms.

In reaching its decision, the Commission considered the evidence and submissions presented by both parties. The Commission noted that the agreement provided for a range of flexible working arrangements, including the ability for employees to request flexible work arrangements in certain circumstances. The Commission also found that the agreement contained appropriate provisions for pay and conditions, including minimum rates of pay and leave entitlements. However, the Commission identified some deficiencies in the agreement, including that it did not provide adequate protections for employees' entitlements to shift loadings and overtime. The Commission also found that the agreement did not contain appropriate mechanisms for resolving disputes between the parties.

Ultimately, the Commission approved the enterprise agreement, subject to certain modifications. The Commission made orders to ensure that the agreement provided appropriate protections for employees' entitlements to shift loadings and overtime, and that it contained adequate dispute resolution mechanisms. The Commission also made orders to ensure that the agreement was made in good faith and provided for the fair and equitable treatment of employees.

CG Projects 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