DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil & Allied Technical Construction Pty Limited T/A CATCON
(AG2017/723)

CATCON QUEENSLAND RENEWABLE ENERGY CIVIL CONSTRUCTION WORKPLACE AGREEMETN 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	SYDNEY, 30 MARCH 2017

Application for approval of the CATCON Queensland Renewable Energy Civil Construction Workplace Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the CATCON Queensland Renewable Energy Civil Construction Workplace Agreement 2016 - 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 30 March 2017 and, in accordance with s.54, will operate from 6 April 2017. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Civil & Allied Technical Construction Pty Limited, trading as CATCON, applied for approval of a workplace agreement with its employees. The application was heard by the Fair Work Commission. The nature of the dispute centred around whether the proposed workplace agreement, titled the CATCON Queensland Renewable Energy Civil Construction Workplace Agreement 2016-2020, met the criteria for being a simple, fair and flexible agreement. The key legal issue before the Commission was whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009, specifically whether it contained terms that were appropriate for a simple, fair and flexible agreement and whether it had been genuinely agreed upon by the parties.

The Commission considered whether the proposed agreement contained terms that were appropriate for a simple, fair and flexible agreement, including terms related to pay rates, hours of work, leave entitlements and other conditions of employment. The Commission also examined whether the proposed agreement had been genuinely agreed upon by the parties, taking into account the process by which it was negotiated and the extent to which it reflected the views of the parties. The Commission found that the proposed agreement was appropriate for a simple, fair and flexible agreement and that it had been genuinely agreed upon by the parties.

Accordingly, the Commission approved the CATCON Queensland Renewable Energy Civil Construction Workplace Agreement 2016-2020. The approval of the agreement means that it will be a legally binding document between the employer and the employees, setting out the terms and conditions of their employment. The parties are now bound by the terms of the approved agreement, which will govern their employment relationship 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