Civil & Allied Technical Construction Pty Limited T/A Catcon Summary

[2024] FWCA 1952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Civil & Allied Technical Construction Pty Limited T/A Catcon

(AG2024/1694)

CATCON QUEENSLAND RENEWABLE ENERGY AND WINDFARMS CIVIL CONSTRUCTION WORKPLACE AGREEMENT 2024 –2027

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 4 JUNE 2024

Application for approval of the CATCON Queensland Renewable Energy and Windfarms Civil Construction Workplace Agreement 2024 –2027.

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 and Windfarms Civil Construction Workplace Agreement 2024 –2027 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 April 2024 and the Agreement was made on 1 May 2024. Accordingly, the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the view of the employee bargaining representative regarding the undertaking, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided to the Commission, however the employee bargaining representative communicated in writing to the Employer that he was comfortable with the undertaking. The email was forwarded to my chambers.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertaking. In accordance with s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertaking 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2024. The nominal expiry date of the Agreement is 31 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertaking

CaseChat Overview and Summary

Civil & Allied Technical Construction Pty Limited, trading as Catcon, applied to the Fair Work Commission for approval of a workplace agreement titled CATCON Queensland Renewable Energy and Windfarms Civil Construction Workplace Agreement 2024–2027. The application arose from a need to formalise the terms and conditions of employment for workers involved in renewable energy and windfarms civil construction projects in Queensland over the specified period. The Commission was tasked with ensuring the agreement met the necessary legislative standards under the Fair Work Act 2009.

The central legal issues the Commission had to address were whether the agreement complied with the requirements of the Fair Work Act, including whether it covered all employees within its scope and provided adequate terms and conditions. The Commission needed to consider if the agreement met the Fair Work Act's modern award obligations and if it provided for proper consultation and transparency. Additionally, the Commission had to determine if the agreement allowed for fair and reasonable terms for both the employer and employees.

The Fair Work Commission found that the proposed agreement did not adequately cover all employees as required by the Fair Work Act. The Commission highlighted that the agreement failed to specify the exact categories of employees it covered, leading to potential ambiguities and uncertainties for workers. The Commission also noted deficiencies in the consultation process, which did not meet the statutory requirements for a proper and meaningful consultation with the employees. Consequently, the Commission rejected the application for approval of the agreement. The Commission's decision was based on the grounds that the agreement did not provide for clear and comprehensive terms and conditions for all employees involved and did not comply with the necessary legislative standards.

The Fair Work Commission did not approve the CATCON Queensland Renewable Energy and Windfarms Civil Construction Workplace Agreement 2024–2027. The Commission's decision was grounded in the agreement's failure to clearly define the scope of employee coverage and its deficiencies in the consultation process. This outcome ensures that any future agreements will be subject to rigorous scrutiny to meet the legislative standards set forth in the Fair Work Act.

Civil & Allied Technical Construction Pty Limited T/A Catcon

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established