DECISION

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

Civil & Allied Technical Construction Pty Limited T/A CATCON
(AG2021/5198)

CATCON QUEENSLAND RENEWABLE ENERGY CIVIL CONSTRUCTION WORKPLACE AGREEMENT 2021 - 2024

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 3 JUNE 2021

Application for approval of the CATCON Queensland Renewable Energy Civil Construction Workplace Agreement 2021 - 2024.

[1] Civil & Allied Technical Construction Pty Limited T/A CATCON (the Employer) has applied for approval of an enterprise agreement known as the CATCON Queensland Renewable Energy Civil Construction Workplace Agreement 2021 – 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representative regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2021. The nominal expiry date of the Agreement is 31 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Civil & Allied Technical Construction Pty Limited, trading as CATCON, applied to the Fair Work Commission for approval of their proposed Queensland Renewable Energy Civil Construction Workplace Agreement for the period 2021-2024. The application arose due to a dispute between the company and its employees regarding the terms of the proposed agreement. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with assessing the agreement to determine if it met the requirements for approval.

The primary legal issues before the Commission were whether the agreement provided fair and reasonable terms for the employees, and whether it complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. This included examining the agreement's provisions on minimum rates of pay, overtime, penalty rates, and other conditions of employment. The Commission also had to consider the impact of the agreement on the bargaining power of the employees and whether it facilitated genuine bargaining between the parties.

In delivering its decision, the Fair Work Commission found that the proposed agreement did provide fair and reasonable terms for the employees. The Commission noted that the agreement included provisions that met or exceeded the minimum entitlements required by the relevant award and the National Employment Standards. Additionally, the agreement provided for a transparent process for addressing workplace issues and included mechanisms for resolving disputes. The Commission was satisfied that the agreement facilitated genuine bargaining and did not undermine the bargaining power of the employees. Consequently, the Commission approved the Queensland Renewable Energy Civil Construction Workplace Agreement 2021-2024.

The Fair Work Commission's final orders included the approval of the proposed workplace agreement, which would now be binding on the employees covered by the agreement. The Commission also directed that the agreement be provided to all affected employees and that it be displayed in the workplace. The decision effectively resolved the dispute and established the terms and conditions under which the employees would work for the duration of the agreement.

Civil & Allied Technical Construction Pty Limited T/A CATCON

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established