DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civex Pty Ltd T/A Civex Energy
(AG2021/219)

CIVEX PTY LTD ENTERPRISE AGREEMENT 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 19 APRIL 2021

Application for approval of the Civex Pty Ltd Enterprise Agreement 2021-2025.

[1] Civex Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Civex Pty Ltd Enterprise Agreement 2021-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Form F16 nominated Daniel Walton as an employee bargaining representative for the Agreement. Mr Walton has lodged a Form F18A statutory declaration in support of the approval of the Agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[5] The Agreement was approved on 19 April 2021 and, in accordance with s 54, will operate from 26 April 2021. The nominal expiry date of the Agreement is 19 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Civex Pty Ltd, trading as Civex Energy, applied to the Fair Work Commission for approval of their Enterprise Agreement for the years 2021 to 2025. The application arose from a dispute between Civex and its employees, with the central issue being the terms and conditions of employment as outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the statutory requirements and if it was fair and reasonable in all respects.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the procedural fairness in its negotiation and the substantive fairness of its terms. The Commission had to examine if the agreement was genuinely negotiated and if its terms were fair and reasonable, taking into account the principles of the Act and the applicable case law.

In reaching its decision, the Commission considered the evidence provided by both parties, including the negotiation process and the content of the proposed agreement. The Commission found that the agreement was genuinely negotiated and that its terms were fair and reasonable. The Commission approved the agreement, highlighting the importance of the procedural fairness in its negotiation and the substantive fairness of the terms, which were deemed to be within the bounds of what is considered reasonable in the circumstances. The Commission's decision was based on a detailed analysis of the evidence and the applicable legal principles.

The Fair Work Commission approved the Civex Pty Ltd Enterprise Agreement 2021-2025, confirming that it met the statutory requirements and was fair and reasonable in all respects. The approval was based on the findings that the agreement was genuinely negotiated and that its terms were fair and reasonable, taking into account the principles of the Fair Work Act 2009 and the applicable case law.

Civex Pty Ltd T/A Civex Energy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established