Civil Group (Aust) Pty Ltd

[2014] FWCA 6100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil Group (Aust) Pty Ltd
(AG2014/1960)

CIVIL GROUP (AUST) PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 SEPTEMBER 2014

Application for approval of the Civil Group (Aust) Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Civil Group (Aust) Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Civil Group (Aust) Pty Ltd. The Agreement is a greenfields agreement.

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

[3] Pursuant to s. 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 3 September 2014 and, in accordance with s.54, will operate from 10 September 2014. The nominal expiry date of the Agreement is 3 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civil Group (Aust) Pty Ltd applied for approval of the Civil Group (Aust) Pty Ltd Roy Hill AWU Greenfields Agreement 2014, which was the subject of a dispute between the applicant, an employer, and the Australian Workers' Union, a union representing employees. The Federal Court heard the application and was required to decide whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The union opposed the application, arguing that the agreement did not comply with the Act and was not in the best interests of the employees.

The court considered the arguments of both parties and examined the provisions of the Act and the agreement in detail. The court found that the agreement did not comply with certain provisions of the Act, including the requirement that agreements be in writing and that they be approved by the Fair Work Commission. However, the court also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The court therefore approved the agreement, subject to certain modifications to ensure compliance with the Act.

The court's decision was based on a careful analysis of the relevant provisions of the Act and the agreement, and the court found that the agreement was broadly in line with the objectives of the Act to promote fair and effective workplace relations. The court also considered the interests of the employees, and found that the agreement provided for fair and reasonable terms and conditions of employment. The court's approval of the agreement was therefore in the best interests of both the employer and the employees.

The court ordered that the agreement be approved, subject to certain modifications to ensure compliance with the Act. The court also ordered that the agreement be registered with the Fair Work Commission, and that the employer and the union take all necessary steps to give effect to the agreement. The court's decision provides guidance for employers and unions on the requirements for approving workplace agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established