Civil Contractors (AUST) No. 1 Pty Ltd Summary

[2022] FWCA 3390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Civil Contractors (AUST) No. 1 Pty Ltd

(AG2022/3978)

Civil Contractors (Aust) No.1 Pty Ltd Employee Collective Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 30 SEPTEMBER 2022

Application for approval of the Civil Contractors (Aust) No.1 Pty Ltd Employee Collective Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Civil Contractors (Aust) No.1 Pty Ltd Employee Collective Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civil Contractors (AUST) No. 1 Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I note that the provision at clause 5.7 (Public Holidays) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civil Contractors (AUST) No. 1 Pty Ltd was the applicant in an application before the Fair Work Commission seeking approval for the Civil Contractors (Aust) No. 1 Pty Ltd Employee Collective Agreement 2022. The applicant is a construction company and the respondent is a trade union representing the applicant's employees. The dispute concerned the terms and conditions of employment for the applicant's employees, including wages, hours of work, and other workplace entitlements. The matter was heard by the Fair Work Commission, an independent statutory body responsible for resolving workplace disputes and regulating workplace relations in Australia.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment for the applicant's employees. The Commission considered whether the agreement provided for a minimum rate of pay that was no less than the applicable award or registered agreement rate, whether it included appropriate provisions for overtime and penalty rates, and whether it provided for reasonable notice of termination and redundancy payments. The Commission also considered whether the agreement met the requirements for "single interest" bargaining and whether it provided for appropriate dispute resolution mechanisms.

The Commission found that the proposed agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions of employment for the applicant's employees. The Commission noted that the agreement provided for a minimum rate of pay that was above the applicable award rate and included appropriate provisions for overtime and penalty rates. The Commission also found that the agreement provided for reasonable notice of termination and redundancy payments and met the requirements for "single interest" bargaining. The Commission was satisfied that the agreement provided for appropriate dispute resolution mechanisms and approved the agreement accordingly.

The Commission approved the Civil Contractors (Aust) No. 1 Pty Ltd Employee Collective Agreement 2022, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the calculation of penalty rates for certain types of work and the provision of additional protections for employees who were required to work outside of their normal hours. The applicant and the respondent were directed to take all necessary steps to give effect to the approved agreement.

Civil Contractors (AUST) No. 1 Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established