CGC Site Services Pty Ltd

[2023] FWCA 701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CGC Site Services Pty Ltd

(AG2023/379)

CGC Site Services Pty Ltd Enterprise Agreement 2023 – 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 3 MARCH 2023

Application for approval of the CGC Site Services Pty Ltd Enterprise Agreement 2023 – 2027

An application has been made for approval of an enterprise agreement to be known as the CGC Site Services Pty Ltd Enterprise Agreement 2023 – 2027 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by CGC Site Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and, in accordance with s.54 of the Act will operate from 10 March 2023. The nominal expiry date of the Agreement is 3 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved CGC Site Services Pty Ltd, the employer, and a union, the respondents, concerning the application for approval of an enterprise agreement. The agreement in question covered the period from 2023 to 2027 and included various terms and conditions for the employees. The dispute arose from the union's objections to certain provisions within the agreement, prompting the application for approval to be brought before the court.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to consider if the agreement complied with the "better off overall test" (BOOT), which mandates that employees must be no worse off financially under the new agreement than they would be under the applicable award or existing agreement. The court also needed to determine if the agreement contained all mandatory terms and if it was made in good faith and without coercion.

In delivering its decision, the Fair Work Commission first assessed whether the agreement satisfied the BOOT. The commission found that the proposed agreement provided employees with improved terms, including increased wages and better working conditions, thereby meeting the BOOT. Additionally, the commission examined the inclusion of all mandatory terms and concluded that the agreement was comprehensive and met the legislative requirements. The court further found that the agreement was made in good faith, without any evidence of coercion or undue influence. Consequently, the application for approval was granted.

The Fair Work Commission approved the CGC Site Services Pty Ltd Enterprise Agreement 2023-2027, finding it to be compliant with all statutory requirements under the Fair Work Act 2009. The agreement was deemed to meet the better off overall test, included all mandatory terms, and was made in good faith.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established