Civeo Pty Ltd

[2017] FWCA 6536

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Civeo Pty Ltd

(AG2017/4156)

CIVEO QLD & NSW Accommodation Services Enterprise Agreement 2017

Hospitality industry
Commissioner Lee	MELBOURNE, 7 DECEMBER 2017

Application for approval of the CIVEO QLD & NSW Accommodation Services Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the CIVEO QLD & NSW Accommodation Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civeo Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Civeo Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the CIVEO QLD & NSW Accommodation Services Enterprise Agreement 2017. The applicant, Civeo Pty Ltd, sought approval for the agreement, which was made under the Fair Work Act 2009. The application was opposed by the Australian Services Union (ACTU). The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, specifically addressing the rights and obligations of employees within the accommodation services sector in Queensland and New South Wales.

The primary legal issue before the court was whether the proposed enterprise agreement met the criteria for approval as stipulated under section 231 of the Fair Work Act 2009. This required the court to determine if the agreement was in the public interest, if it provided for appropriate mechanisms for the resolution of disputes, and if it adequately protected the interests of employees. Furthermore, the court needed to consider if the agreement complied with the "better off overall test," ensuring that employees would be no worse off financially under the new agreement than they would be under their existing conditions.

In its decision, the Fair Work Commission carefully examined the terms of the proposed agreement, evaluating them against the statutory requirements. The Commission found that the agreement was in the public interest, providing for adequate mechanisms for dispute resolution and protecting employee interests. Importantly, the Commission concluded that the agreement satisfied the better off overall test, as it offered employees enhanced benefits and protections without any financial detriment. Consequently, the court approved the enterprise agreement, acknowledging that it balanced the interests of both employers and employees effectively. The decision ensures that the terms of the agreement will be implemented, governing the rights and obligations of employees within the specified sectors.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established