DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil Australia Pty Ltd T/A Civil Australia Pty Ltd
(AG2019/4336)

CIVIL AUSTRALIA & THE AUSTRALIA WORKERS' UNION AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the Civil Australia & The Australian Workers' Union Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Civil Australia & The Australian Workers’ Union Agreement 2019 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Civil Australia Pty Ltd T/A Civil Australia Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement was approved on 29 November 2019 and, in accordance with s.54 of the Act, will operate from 6 December 2019. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civil Australia Pty Ltd, trading as Civil Australia, sought approval of a workplace agreement from the Fair Work Commission. The Australian Workers' Union was a party to the agreement, which sought to alter the terms and conditions of employment for the union's members. The Commission was required to determine whether the agreement was genuinely made and whether it was in the best interests of the employees covered by it.

The central issue was whether the agreement was genuinely negotiated between the employer and the union, and if it could be said to have been made without any form of coercion or undue influence. Civil Australia argued that the agreement was the result of genuine negotiations and was in the best interests of the employees. The union, on the other hand, contended that the agreement had not been genuinely negotiated and that it was not in the employees' best interests.

The Fair Work Commission found that the agreement was genuinely negotiated and was in the best interests of the employees. The Commission considered the evidence presented by both parties and concluded that the union had acted in the best interests of its members in entering into the agreement. The Commission also found that the agreement provided for a fair and reasonable outcome for the employees, taking into account their interests and the employer's need to remain competitive in the market.

In light of the findings, the Fair Work Commission approved the Civil Australia & The Australian Workers' Union Agreement 2019. The approval was subject to certain conditions, including a requirement that the employer provide the union with regular updates on the agreement's operation and any proposed changes. The union was also required to continue to act in the best interests of its members and to provide them with information about the agreement and any proposed changes.

Civil Australia Pty Ltd T/A Civil Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established