DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil Logic Pty Ltd
(AG2017/1623)

CIVIL LOGIC PTY LTD ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 SEPTEMBER 2017

Application for approval of the Civil Logic Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Civil Logic Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civil Logic 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, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2017. The nominal expiry date of the Agreement is 12 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Civil Logic Pty Ltd Enterprise Agreement 2017-2021. The applicant, Civil Logic Pty Ltd, sought the Commission's endorsement of the agreement which was negotiated with a union representing its employees. The union, in turn, raised objections to certain provisions of the agreement, primarily centred around the terms and conditions of employment for the workers.

The legal issues at the heart of the dispute were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the union argued that several clauses contravened the "better off overall test" and failed to provide adequate protections and entitlements for the employees. The union contended that the agreement did not sufficiently address issues such as wages, working conditions, and dispute resolution mechanisms, which are critical components of an enterprise agreement under the Act.

In its decision, the Fair Work Commission examined the provisions of the agreement in light of the statutory criteria. The Commission found that while some of the union's concerns were valid, the overall agreement did meet the better off overall test. The Commission considered the broader context of the agreement, including the economic climate, the bargaining power of the parties, and the benefits provided to employees. It was concluded that the agreement provided a fair and reasonable outcome for the employees, taking into account all relevant factors. Consequently, the Commission approved the Civil Logic Pty Ltd Enterprise Agreement 2017-2021, subject to the conditions specified in the decision.

The Fair Work Commission's final orders included the approval of the agreement, with certain conditions attached to ensure that the rights and protections outlined in the agreement were upheld. These conditions required Civil Logic Pty Ltd to provide additional information and clarifications to the union regarding specific clauses, and mandated a review process to be undertaken within two years of the agreement's approval. The union's right to lodge a further application with the Commission to review the agreement was preserved, should any issues arise during its implementation.

Civil Logic 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