DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civcon Civil & Project Management Pty Ltd
(AG2018/2657)

CIVCON CIVIL OPERATIONS ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 NOVEMBER 2018

Application for approval of the Civcon Civil Operations Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Civcon Civil Operations Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civcon Civil & Project Management 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2018. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Civcon Civil & Project Management Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Civcon Civil Operations Enterprise Agreement 2017-2021. The applicant sought to make the agreement applicable to its employees who are members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU opposed the application, arguing that the agreement was not appropriate for approval. The matter was heard in the Fair Work Commission.

The central issue before the Commission was whether the agreement met the criteria for approval under section 233 of the Fair Work Act 2009. The applicant needed to demonstrate that the agreement provided for fair and reasonable terms and conditions and was free from elements of coercion, duress, or unfair discrimination. The CFMEU argued that the agreement contained provisions that were unfair and did not adequately protect the interests of the employees.

The Commission found that the agreement contained some unfair provisions, including those relating to the classification of employees and the handling of disciplinary matters. However, the Commission also found that the majority of the agreement was fair and reasonable, and that the unfair provisions could be removed without fundamentally altering the nature of the agreement. The Commission therefore approved the agreement with modifications to remove the unfair provisions. The applicant was ordered to provide a copy of the approved agreement to the CFMEU and to take steps to ensure that the agreement was implemented in accordance with the approved terms.

The final orders included the approval of the Civcon Civil Operations Enterprise Agreement 2017-2021, with modifications to remove certain unfair provisions. The applicant was also ordered to provide a copy of the approved agreement to the CFMEU and to take steps to ensure that the agreement was implemented in accordance with the approved terms. The CFMEU was ordered to provide notice of any further objections to the agreement within 28 days of the decision.

Civcon Civil & Project Management 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