DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil & Allied Technical Construction Pty Limited T/A CATCON
(AG2020/288)

CATCON SOUTH AUSTRALIAN GENERAL WORKS WORKPLACE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 27 FEBRUARY 2020

Application for approval of the CATCON South Australian General Works Workplace Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the CATCON South Australian General Works Workplace Agreement 2020 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Civil & Allied Technical Construction Pty Limited T/A CATCON (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 February 2020.

[3] On 25 February 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 26 February 2020. The undertaking deals with the following topics:

• The Applicant will apply the parental leave notice and evidentiary requirements in accordance with s.74 of the Act.

• Personal and carers leave will accrue progressively upon commencement of employment.

• In clause 23.3, de-facto partner also refers to and includes a de-factor partner of the same or opposite sex who lives with the employee in a relationship as a couple on a genuine domestic basis.

• Clause 23.3.2 refers to clauses 24.2.1 and 24.2.2, this is a typographical error and should read 23.2.1 and 23.2.2.

• Increased pay rates have been provided in a table set out in the undertaking attached to the Agreement.

• The Applicant will provide all tools and equipment for employees to undertake their tasks.

• All applicable allowances in the Building and Construction General On-Site Award 2010 (the Award), that are not contained in the Agreement, will be payable.

• Any deduction due to a failure of an employee to provide the required amount of notice will capped at one week and recognise the period of notice worked.

• Employees will be entitled to a meal allowance in accordance with clause 20.2 of the Award.

• Employees who work at least 2 hours of overtime will be entitled to a 20 minute break without deduction from pay in accordance with clause 35.3 of the Award.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involves an application by Civil & Allied Technical Construction Pty Limited, trading as CATCON, for the approval of their South Australian General Works Workplace Agreement 2020 - 2023. The application was made to ensure the agreement complied with the Fair Work Act 2009 and to secure its registration with the Fair Work Commission. The applicant sought to have the agreement, which was to be applied to employees within the South Australian General Works Group, recognised as a registered workplace agreement. The dispute hinged on whether the agreement met the necessary criteria for approval under the Fair Work Act, particularly focusing on the procedural fairness and the representation of the employees' interests.

The central legal issues the court had to address included whether the agreement was genuinely negotiated, whether it was made in good faith, and whether it adequately represented the employees' interests. The court had to scrutinise the negotiation process to determine if it was fair and if the agreement reflected a balanced outcome. Additionally, the court needed to consider if the agreement complied with the requirements set out in the Fair Work Act regarding the approval of workplace agreements, including the procedural fairness and the genuine negotiation of the agreement.

The Fair Work Commission examined the negotiation process and the contents of the agreement thoroughly. The court found that the negotiation process was conducted in good faith and that the agreement was genuinely negotiated between the employer and the employees' representatives. The agreement was also deemed to fairly represent the interests of the employees, as it provided for appropriate terms and conditions, including wages, hours of work, and other employment conditions. Consequently, the court approved the agreement, finding it met the necessary criteria for registration under the Fair Work Act. The court's decision ensured that the agreement would be enforceable and applicable to the employees within the specified period.

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