DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christies People Civil Projects Pty Ltd
(AG2018/6166)

CHRISTIES PEOPLE CIVIL PROJECTS ENTERPRISE AGREEMENT 2018-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JANUARY 2019

Application for approval of the Christies People Civil Projects Enterprise Agreement 2018-2020.

[1] An application has been made for approval of a greenfields agreement known as the Christies People Civil Projects Enterprise Agreement 2018-2020 (the Agreement). The application was made by Christies People Civil Projects Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2019. The nominal expiry date of the Agreement is 1 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Christies People Civil Projects Pty Ltd applied for approval of the Christies People Civil Projects Enterprise Agreement 2018-2020, which it had negotiated with the Construction, Forestry, Maritime, Mining and Energy Union. The applicant argued that the agreement fairly reflected the conditions of employment for the employees covered by it. The union contended that the agreement should be approved because it met the criteria for an enterprise agreement under the Fair Work Act 2009. The application was heard in the Federal Circuit Court.

The court considered whether the agreement was a genuine enterprise agreement that met the requirements of the Act. The court examined the process by which the agreement was negotiated, including whether it was done in good faith, and whether the agreement contained the necessary minimum terms and conditions of employment. The court also considered whether the agreement was an enterprise agreement that reflected the conditions of employment for the employees covered by it. The court found that the agreement was genuine and met the requirements of the Act.

The court found that the agreement was genuinely negotiated in good faith and contained all the required minimum terms and conditions of employment. The court was satisfied that the agreement reflected the conditions of employment for the employees covered by it and approved the agreement. The court determined that the agreement was an enterprise agreement that met the criteria for approval under the Act.

The court approved the Christies People Civil Projects Enterprise Agreement 2018-2020 and declared it to be in force. The agreement was to apply to the employees covered by it from 1 April 2018 until 31 March 2020. The court ordered that the agreement be registered with the Fair Work Commission and published on its website.

Christies People Civil 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