Civcon Civil & Project Management Pty Ltd

[2024] FWCA 2416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Civcon Civil & Project Management Pty Ltd

(AG2024/1915)

CIVCON CIVIL OPERATIONS ENTERPRISE AGREEMENT 2021-2025

Building and Construction industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 28 JUNE 2024

Application for approval of the Civcon Civil Operations Enterprise Agreement 2021-2025

Introduction

Civcon Civil & Project Management Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Civcon Civil Operations Enterprise Agreement 2021-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer 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.

Section 186, 187, 188 and 190

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.
Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2024. The nominal expiry date of the Agreement is 1 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civcon Civil & Project Management Pty Ltd applied for the approval of the Civcon Civil Operations Enterprise Agreement 2021-2025, which aimed to govern the terms and conditions of employment for workers in the civil construction industry. The Fair Work Commission (FWC) was the court responsible for hearing the application. The primary dispute centered around whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC were whether the agreement was in the best interests of the employees, whether it was free from any improper influence or interference, and whether it complied with the requirements of the Fair Work Act. Specifically, the FWC had to consider the balance of rights and obligations, the potential impact on employees' job security, pay and conditions, and whether any proposed changes would adversely affect employees.

In assessing the application, the FWC took into account the submissions from both Civcon Civil & Project Management and the unions representing the employees. The FWC noted that the proposed agreement contained provisions that were considered fair and reasonable, taking into account the economic context and the need for flexibility in the civil construction industry. The FWC found that the agreement was in the best interests of the employees and did not contain any improper influence or interference. It also determined that the agreement complied with the Fair Work Act and met all the necessary criteria for approval.

Consequently, the FWC approved the Civcon Civil Operations Enterprise Agreement 2021-2025, allowing it to come into effect and govern the terms and conditions of employment for the relevant workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established