Civil Contracting (Aust) Pty Ltd Summary

[2013] FWCA 9408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil Contracting (Aust) Pty Ltd
(AG2013/9374)

CIVIL CONTRACTING (AUST) PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 29 NOVEMBER 2013

Application for approval of the Civil Contracting (Aust) Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Civil Contracting (Aust) Pty Ltd Enterprise Agreement 2013 (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 Clauses 2.1 and 2.2 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

[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 Contracting (Aust) Pty Ltd applied to the Fair Work Commission for approval of the Civil Contracting (Aust) Pty Ltd Enterprise Agreement 2013. The applicant sought to have the agreement made while the company was not an employer of record, but rather, it was an employer of labour-hire workers. The company argued that the agreement would provide for fair and reasonable terms of employment for the workers it engaged. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the Fair Work Commission had the jurisdiction to approve an enterprise agreement for a company that was not an employer of record, but rather, an employer of labour-hire workers. The applicant contended that the agreement was necessary to ensure fair and reasonable terms of employment for the workers it engaged, while the respondent argued that the agreement did not meet the criteria for approval as it was not an employer of record. The court had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, and whether the company's status as an employer of labour-hire workers affected its ability to seek approval of the agreement.

The Fair Work Commission held that it had jurisdiction to approve the enterprise agreement. The court found that the agreement met the criteria for approval under the Fair Work Act 2009, as it provided for fair and reasonable terms of employment for the workers engaged by the company. The court held that the company's status as an employer of labour-hire workers did not affect its ability to seek approval of the agreement, as the workers were still employees of the company for the purposes of the Fair Work Act 2009. The court approved the agreement, finding that it met the requirements for approval under the Act.

The Fair Work Commission approved the Civil Contracting (Aust) Pty Ltd Enterprise Agreement 2013, finding that it met the criteria for approval under the Fair Work Act 2009. The court held that the agreement provided for fair and reasonable terms of employment for the workers engaged by the company, and that the company's status as an employer of labour-hire workers did not affect its ability to seek approval of the agreement. The court approved the agreement, and it will now be applicable to the workers engaged by the company.

Civil Contracting (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established