Civil Assist Australia Pty Ltd Summary

[2014] FWCA 5161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil Assist Australia Pty Ltd
(AG2014/6615)

CIVIL ASSIST AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 31 JULY 2014

Application for approval of the Civil Assist Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Civil Assist Australia Pty Ltd Enterprise Agreement 2014 (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.

[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] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representatives for the agreement have indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civil Assist Australia Pty Ltd applied for approval of their 2014 Enterprise Agreement under the Fair Work Act 2009. The application was opposed by the Australian Services Union (ASU). The dispute was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act. Specifically, the ASU argued that the agreement did not adequately protect the rights and entitlements of employees. The Commission needed to determine if the agreement provided fair and reasonable terms and conditions, and if it adhered to the relevant provisions of the Act, including the "better off overall test".

The Fair Work Commission assessed the terms of the Enterprise Agreement against the statutory requirements. The Commission found that the agreement met the better off overall test, ensuring that employees were not worse off financially and had some additional benefits. The Commission also noted that the agreement provided adequate protections for employee rights and entitlements, and did not contravene any provisions of the Fair Work Act. As such, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Civil Assist Australia Pty Ltd Enterprise Agreement 2014, finding it to be compliant with the Fair Work Act and meeting the better off overall test. The ASU's opposition was dismissed.

Civil Assist Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established