Civcon Civil & Project Management Pty Ltd Summary

[2013] FWCA 7152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civcon Civil & Project Management Pty Ltd
(AG2013/8633)

CIVCON CIVIL OPERATIONS ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 SEPTEMBER 2013

Application for approval of the Civcon Civil Operations Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Civcon Civil Operations Enterprise Agreement 2013-2017 (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.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Civcon Civil & Project Management Pty Ltd applied to the Fair Work Commission for approval of the Civcon Civil Operations Enterprise Agreement 2013-2017. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on the interpretation of certain provisions of the agreement, including the classification of employees and the calculation of penalty rates. The Fair Work Commission was required to determine whether the agreement complied with the statutory requirements for enterprise agreements and whether it was in the best interests of the employees.

The Fair Work Commission found that the agreement did comply with the statutory requirements and was in the best interests of the employees. The Commission held that the classification of employees was fair and reasonable, and that the calculation of penalty rates was consistent with industry standards. The Commission also noted that the agreement provided for a number of benefits for employees, including increased wages and improved working conditions. The Commission concluded that the agreement was a genuine enterprise agreement and approved it accordingly.

The Fair Work Commission's decision was based on a detailed analysis of the agreement and the evidence presented by both parties. The Commission found that the agreement was fair and reasonable, and that it provided for a number of benefits for employees. The Commission also noted that the agreement was negotiated in good faith and that it complied with the statutory requirements for enterprise agreements. The Commission approved the agreement and it is now in force.

The Fair Work Commission ordered that the Civcon Civil Operations Enterprise Agreement 2013-2017 be approved and registered as a certified agreement under the Fair Work Act 2009. The agreement will apply to all employees of Civcon Civil & Project Management Pty Ltd who are covered by the agreement. The agreement provides for a number of benefits for employees, including increased wages and improved working conditions. The Commission's decision provides clarity on the interpretation of certain provisions of the agreement and ensures that it complies with the statutory requirements for enterprise agreements.

Civcon Civil & Project Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established