Civil Construction Partners Pty Ltd

[2014] FWCA 5703

FAIR WORK COMMISSION

DECISION

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

Civil Construction Partners Pty Ltd
(AG2014/7001)

CIVIL CONSTRUCTION PARTNERS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 AUGUST 2014

Application for approval of the Civil Construction Partners Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 6 August 2014 by Civil Construction Partners Pty Ltd for the approval of a single-enterprise agreement known as the Civil Construction Partners Pty Ltd Enterprise Agreement 2014(“the 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 will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civil Construction Partners Pty Ltd applied for the Fair Work Commission's approval of the Civil Construction Partners Pty Ltd Enterprise Agreement 2014. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute involved the terms of the enterprise agreement and the implications of section 234 of the Fair Work Act 2009.

The legal issues before the Court centred on whether the enterprise agreement unfairly disadvantaged employees by reducing certain conditions, and if section 234 of the Act was correctly applied in this context. The Court needed to determine whether the agreement met the requirements for approval under the Fair Work Act, specifically whether it provided for fair and reasonable terms and conditions of employment.

The Court found that the enterprise agreement did not unfairly disadvantage employees and that section 234 of the Act was correctly applied. The agreement provided for fair and reasonable terms and conditions of employment and was consistent with the objectives of the Fair Work Act. The Court approved the application for the agreement to be registered.

The Fair Work Commission approved the Civil Construction Partners Pty Ltd Enterprise Agreement 2014, and it is now registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established