DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civcon Civil & Project Management Pty Ltd T/A Civcon
(AG2016/2611)

CIVCON GAS SERVICES ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 MAY 2016

Application for approval of the Civcon Gas Services Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Civcon Gas Services Enterprise Agreement 2016-2020 (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 T/A Civcon. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 12 May 2016 and, in accordance with s.54, will operate from 19 May 2016. The nominal expiry date of the Agreement is 6 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Civcon Civil & Project Management Pty Ltd, trading as Civcon, applied to the Fair Work Commission for approval of the Civcon Gas Services Enterprise Agreement 2016-2020. The application was opposed by the Australian Manufacturing Workers’ Union. The dispute centred on whether the proposed enterprise agreement complied with the relevant statutory provisions and whether it met the requirements for "better-off overall" and "no disbenefit" tests. The Fair Work Commission heard the matter and had to decide whether the agreement was fair and reasonable, considering the interests of both employees and employers.

The primary legal issue was whether the proposed agreement complied with the Fair Work Act 2009, particularly sections concerning the "better-off overall" and "no disbenefit" tests. The Commission needed to determine if the agreement provided employees with conditions at least as good as those they had before and ensured they were not worse off overall. The second issue was whether the agreement met the procedural requirements for approval, including proper notice and consultation with relevant parties.

The Fair Work Commission concluded that the Civcon Gas Services Enterprise Agreement 2016-2020 complied with the statutory requirements and met the "better-off overall" and "no disbenefit" tests. The Commission found that the agreement provided employees with improved conditions and that the procedural requirements for approval had been satisfied. The Commission approved the agreement, stating that it was fair and reasonable and did not adversely affect the employees.

The final order of the Commission was the approval of the Civcon Gas Services Enterprise Agreement 2016-2020. The agreement was deemed to be in compliance with the relevant statutory provisions and met the necessary criteria for approval. The Commission's decision was based on the evidence presented and the legal framework governing enterprise agreements.

Civcon Civil & Project Management Pty Ltd T/A Civcon

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established