DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil & Allied Technical Construction Pty Limited T/A CATCON
(AG2017/3035)

CATCON WEST AUSTRALIA RENEWABLE ENERGY CIVIL CONSTRUCTION WORKPLACE AGREEMENT 2017 - 2020

Building services
COMMISSIONER MCKINNON	MELBOURNE, 18 SEPTEMBER 2017

Application for approval of the CATCON WEST AUSTRALIA Renewable Energy Civil Construction Workplace Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the CATCON WEST AUSTRALIA Renewable Energy Civil Construction Workplace Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civil & Allied Technical Construction Pty Limited T/A CATCON. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian Workers’ Union (AWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2017. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Civil & Allied Technical Construction Pty Limited, trading as CATCON, applied for the approval of the CATCON WEST AUSTRALIA Renewable Energy Civil Construction Workplace Agreement 2017-2020. The application was brought by the company in its capacity as an employer under the Fair Work Act 2009. The applicant sought to have the agreement made an approved agreement, which would exempt it from the operation of the relevant provisions of the Fair Work Act in relation to the employees covered by the agreement.

The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act for it to be approved as a workplace agreement. This involved assessing whether the agreement complied with the procedural requirements for its making and whether it contained all the mandatory terms prescribed by the Fair Work Act. The Commission needed to determine whether the agreement was made in good faith and whether it was made after sufficient consultation with the employees.

The Commission found that the agreement was made in accordance with the relevant provisions of the Fair Work Act. It was determined that the agreement was made in good faith and that there had been sufficient consultation with the employees. The Commission further found that the agreement contained all the mandatory terms required by the Fair Work Act. Consequently, the Commission approved the CATCON WEST AUSTRALIA Renewable Energy Civil Construction Workplace Agreement 2017-2020 as a registered 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