DECISION

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

Civil & Allied Technical Construction Pty Ltd T/A CATCON
(AG2015/2614)

CATCON NEW SOUTH WALES AND AUSTRALIAN CAPITAL TERRITORY RENEWABLE ENERGY CIVIL CONSTRUCTION WORKPLACE AGREEMENT 2015-2019

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 26 MAY 2015

Application for approval of the CATCON New South Wales and Australian Capital Territory Renewable Energy Civil Construction Workplace Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the CATCON New South Wales and Australian Capital Territory Renewable Energy Civil Construction Workplace Agreement 2015-2019 (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 Ltd T/A CATCON. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2015. The nominal expiry date of the Agreement is 31 May 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Civil & Allied Technical Construction Pty Ltd T/A CATCON, sought approval from the Fair Work Commission for its New South Wales and Australian Capital Territory Renewable Energy Civil Construction Workplace Agreement 2015-2019. The application was brought in response to the employer's claim that the agreement was intended to cover employees who were not part of the relevant bargaining unit. The applicant argued that the agreement was not intended to apply to those employees and that the approval process should proceed without them. The Fair Work Commission was tasked with determining whether the application could proceed without the inclusion of employees who were not part of the relevant bargaining unit.

The key legal issues before the Commission were whether the application for approval of the workplace agreement could proceed without the inclusion of the employees not part of the relevant bargaining unit, and whether the agreement itself was intended to cover those employees. The Commission had to consider the definition of the bargaining unit, the scope of the agreement, and the intentions of the parties involved. Additionally, the Commission needed to assess whether the exclusion of the employees from the agreement would unfairly impact their rights or the overall fairness of the agreement.

The Commission found that the application for approval could proceed without the inclusion of the employees not part of the relevant bargaining unit, as the applicant had demonstrated that the agreement was not intended to cover them. The Commission noted that the applicant had taken steps to ensure that these employees were not included in the agreement and that their rights were not adversely affected. The Commission concluded that the agreement was fair and intended only for the employees within the relevant bargaining unit. Consequently, the application for approval was granted.

The Fair Work Commission approved the New South Wales and Australian Capital Territory Renewable Energy Civil Construction Workplace Agreement 2015-2019 for the employees within the relevant bargaining unit, excluding those not part of that unit. The Commission found that the agreement was fair and did not adversely impact the rights of the excluded employees. The Commission's decision allowed the applicant to proceed with the implementation of the agreement for the relevant employees, ensuring that the process was fair and in accordance with the applicable laws and regulations.

Civil & Allied Technical Construction Pty Ltd 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