Civil Contractors (Aust) No.1 Pty Ltd

Case •

[2024] FWCA 3773

•

29 OCTOBER 2024
[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

  1. 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.

  2. 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

  3. 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.

  4. The Commission sought the views of the employee bargaining representatives in respect of the undertakings.

  5. Pursuant to s 190(3) of the Act, I accept the undertakings. The undertakings are taken to be a term of the Agreement.

  6. 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.

  7. 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

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Annexure A

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