Civcorp Pty Ltd Summary

[2013] FWCA 3820

FAIR WORK COMMISSION

DECISION

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

Civcorp Pty Ltd
(AG2013/1379)

CIVCORP PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 18 JUNE 2013

Application for approval of the Civcorp Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Civcorp Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civcorp Pty Ltd. 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 25 June 2013. The nominal expiry date of the Agreement is 17 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Civcorp Pty Ltd brought an application before the Fair Work Commission for approval of the Civcorp Pty Ltd Enterprise Agreement 2013. The applicant sought approval of the agreement under section 231 of the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for registration and whether it provided for the proper terms and conditions of employment.

The primary legal issue was whether the enterprise agreement complied with the statutory requirements of the Fair Work Act 2009, specifically whether it was a "good faith" agreement and if it met the criteria for "better off overall or at least as well off" (BOOAWO) as stipulated in the legislation. The Commission needed to determine if the agreement appropriately balanced the interests of both employers and employees, ensuring it did not undermine the minimum standards set by the Act.

In its decision, the Fair Work Commission found that the Civcorp Pty Ltd Enterprise Agreement 2013 did indeed meet the requirements for approval. The Commission concluded that the agreement was made in good faith and provided for employees who were better off overall or at least as well off as they would have been under the applicable award or safety net minimum terms and conditions. The agreement was thus deemed to be fair and compliant with the legislative standards. Consequently, the application for approval was successful, and the agreement was registered under the Act.

The final order of the Fair Work Commission was that the Civcorp Pty Ltd Enterprise Agreement 2013 be approved and registered. This registration ensured that the terms and conditions set out in the agreement would govern the employment of the relevant employees, subject to the provisions of the Fair Work Act 2009.

Civcorp Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established