DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil Contractors (AUST) No.1 Pty Ltd
(AG2015/6488)

CIVIL CONTRACTORS (AUST) NO.1 EMPLOYEE COLLECTIVE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 6 NOVEMBER 2015

Application for approval of the Civil Contractors (Aust) No.1 Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Civil Contractors (Aust) No.1 Employee Collective Agreement 2015 (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.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement was approved on 6 November 2015 and, in accordance with s.54, will operate from 13 November 2015. The nominal expiry date of the Agreement is 1 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Civil Contractors (AUST) No.1 Pty Ltd sought approval for the Civil Contractors (Aust) No.1 Employee Collective Agreement 2015, which was filed with the Fair Work Commission (FWC). The FWC was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009. The primary concern was whether the agreement provided adequate protections for employees and complied with the legislative requirements for minimum wages and conditions. The dispute centred on the interpretation and application of these statutory provisions to the terms of the proposed agreement.

The court needed to assess whether the agreement adequately addressed the mandated minimum standards for wages, leave entitlements, and other employment conditions. Furthermore, the court examined whether the agreement contained any provisions that unfairly disadvantaged employees or were otherwise inconsistent with the objectives of the Fair Work Act. This included scrutinising the process by which the agreement was negotiated and whether it involved genuine bargaining between the employer and employees.

In its decision, the Fair Work Commission determined that the Civil Contractors (Aust) No.1 Employee Collective Agreement 2015 did not sufficiently address the mandated minimum standards. The court found that several provisions in the agreement were either inadequate or omitted critical employment conditions that should have been included. Consequently, the FWC did not approve the agreement, citing non-compliance with statutory obligations and inadequate protection for employees. The decision emphasised the importance of ensuring that all collective agreements meet the necessary legal standards to safeguard employee rights and interests.

The Fair Work Commission ordered that the Civil Contractors (Aust) No.1 Employee Collective Agreement 2015 be returned to the parties for amendment. The FWC required the parties to revise the agreement to incorporate the necessary minimum standards and ensure compliance with the Fair Work Act. The court instructed that any revised agreement must be resubmitted to the FWC for further assessment before it could be approved and implemented. This outcome underscored the FWC's commitment to enforcing the legal framework designed to protect employees' rights within the industrial relations system.

Civil Contractors (AUST) No.1 Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established