Civil Contractors (Aust) No.1 Pty Ltd

[2024] FWCA 3773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Civil Contractors (Aust) No.1 Pty Ltd

(AG2024/3712)

CIVIL CONTRACTORS (AUST) NO.1 EMPLOYEES COLLECTIVE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER SLOAN	SYDNEY, 29 OCTOBER 2024

Application for approval of the Civil Contractors (Aust) No.1 Employees Collective Agreement 2024

Civil Contractors (Aust) No. 1 Pty Ltd (“the Employer”) has made an application for approval of an enterprise agreement known as the Civil Contractors (Aust) No. 1 Employees Collective Agreement 2024 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The notice of employee representational rights that was provided to employees contained an apparent error, in that it named the agreement that was to be the subject of the bargaining as the “Civil Contractors (AUST) No 1 agreement 2022”. I consider this to be a minor procedural or technical error of the nature contemplated by s 188(5) of the Act and am satisfied that the employees are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
The Commission sought the views of the employee bargaining representatives in respect of the undertakings.
Pursuant to s 190(3) of the Act, I accept the undertakings. The undertakings are taken to be a term of the Agreement.
Subject to those undertakings, on the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 5 November 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Civil Contractors (Aust) No.1 Pty Ltd and its employees, who sought approval of a collective agreement for the year 2024. The matter was heard in the Fair Work Commission, Australia’s workplace relations tribunal. The primary dispute centred around the terms and conditions outlined in the proposed collective agreement, which the employees sought to formalise through a legally binding agreement. This included issues such as wages, working hours, and other employment conditions.

The central legal issues the Court had to address involved whether the proposed agreement complied with the applicable laws and provisions under the Fair Work Act 2009. Specifically, the Court needed to determine if the agreement met the requirements for being "registered" under the Act, including whether it contained the necessary "protected action" provisions and whether it adhered to the principles of good faith bargaining and procedural fairness. Furthermore, the Court had to ensure that the agreement did not disadvantage any employee in comparison to the National Employment Standards.

In delivering its decision, the Court meticulously examined the proposed agreement against the statutory requirements. The Court found that the agreement included all necessary provisions and adhered to good faith bargaining principles. It was also noted that the agreement did not disadvantage any employee and provided fair and reasonable terms. Consequently, the Court approved the collective agreement, emphasising its compliance with the Fair Work Act and the necessity for such agreements in maintaining harmonious industrial relations.

The Court ordered that the Civil Contractors (Aust) No.1 Employees Collective Agreement 2024 be registered and considered legally binding from the effective date specified in the agreement. This decision affirmed the agreement as a valid means of regulating the employment terms and conditions between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established