Christies People Infrastructure Pty Ltd

[2013] FWCA 574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Christies People Infrastructure Pty Ltd
(AG2012/13087)

CHRISTIES PEOPLE INFRASTRUCTURE PTY. LTD. ENTERPRISE AGREEMENT 2012 - 2016

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 24 JANUARY 2013

Application for approval of the Christies People Infrastructure Pty. Ltd. Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Christies People Infrastructure Pty. Ltd. Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] Following a request from the Commission for further information concerning the application of the better off overall test in regards to the span of hours in the Agreement, an undertaking with respect to clause 7 - Hours of work, and in particular, subclause 7.1.1, the ordinary hours of work, has been provided by the employer.

[3] The undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] I have sought the views of the bargaining representative in respect of the undertaking, pursuant to s.190(4) of the Act. The bargaining representative has not advised of any concerns with the undertaking provided.

[5] The Agreement covers those employees in the classifications listed in Appendix 2 of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[6] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[7] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 31 January 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Christies People Infrastructure Pty Ltd brought an application before the Fair Work Commission to approve the Christies People Infrastructure Pty. Ltd. Enterprise Agreement 2012-2016. The respondents to the application were various unions representing employees of the company. The dispute centred on the content and fairness of the proposed enterprise agreement, particularly with respect to certain terms and conditions of employment.

The legal issues that the Commission was required to decide included whether the agreement complied with the Fair Work Act 2009, particularly in terms of its provisions on minimum wages and conditions, and whether the agreement was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement met the "better off overall test", ensuring that employees were not worse off under the new agreement compared to their previous conditions.

The Commission found that the proposed agreement was compliant with the Fair Work Act and had been made in good faith. The Commission also determined that the agreement met the better off overall test, as employees would not be worse off under the new conditions. Consequently, the Commission approved the Christies People Infrastructure Pty. Ltd. Enterprise Agreement 2012-2016. This decision provided clarity on the terms of employment and facilitated a resolution to the dispute between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established