Civcorp Pty Ltd

[2019] FWCA 6436

[2019] FWCA 6436

FAIR WORK COMMISSION

DECISION

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

Civcorp Pty Ltd
(AG2019/2873)

CIVCORP PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 16 SEPTEMBER 2019

Application for approval of the Civcorp Pty Ltd Enterprise Agreement 2018.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Civcorp Pty Ltd (the Applicant) for approval of the Civcorp Pty Ltd Enterprise Agreement 2018 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and the bargaining representatives on 28 August 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided submissions and undertakings addressing the concerns raised, on 6 September 2019. A signed copy of the undertakings was then provided to Chambers on 16 September 2019.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] I also observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause B.19. – Annual Leave;

•  Clause B.20. – Personal Leave;

•  Clause B.24. – Public Holidays;

•  Clause B.40. – Termination; and

•  Clause B.41. – Abandonment of Employment.

[6] However, noting clause A.2. of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Subject to the undertakings provided and the matters raised at paragraphs [5] and [6], I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act and clause A.3. of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

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Attachment A