DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Civil Mining & Construction Pty Ltd
(AG2014/10891)

CIVIL MINING & CONSTRUCTION PTY LTD; COM PLANT HIRE PTY LTD; QUARRY MATERIALS PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 JANUARY 2015

Application for approval of the Civil Mining & Construction Pty Ltd; COM Plant Hire Pty Ltd; Quarry Materials Pty Ltd Single Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 December 2014 by Civil Mining & Construction Pty Ltd for the approval of a single-enterprise agreement known as the Civil Mining & Construction Pty Ltd; COM Plant Hire Pty Ltd; Quarry Materials Pty Ltd Single Enterprise Agreement 2014(“the Agreement”).

[2] On 12 January 2015 and 15 January 2015, the Employer provided undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civil Mining & Construction Pty Ltd and others applied to the Fair Work Commission for approval of a single enterprise agreement. COM Plant Hire Pty Ltd and Quarry Materials Pty Ltd intervened in the proceedings. The applicants sought to establish a single enterprise agreement that would cover a range of employees working in the mining and construction industry. The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including the provisions concerning the protection of employees' rights and interests.

The Fair Work Commission determined that the agreement was generally in compliance with the Fair Work Act, but identified some issues that required amendment. The Commission noted that the agreement provided for appropriate protections for employees, including provisions for minimum rates of pay, leave entitlements, and other conditions of employment. However, the Commission found that some provisions relating to the classification of employees and the calculation of overtime were not consistent with the relevant provisions of the Act. The Commission also noted that the agreement did not provide for adequate protections for employees who were required to work irregular hours or shift work.

The Fair Work Commission approved the agreement with some modifications, which addressed the issues identified in its decision. The modifications included amendments to the provisions relating to employee classification and overtime, as well as the addition of new provisions to protect employees who worked irregular hours or shift work. The Commission was satisfied that the modified agreement provided appropriate protections for employees and was consistent with the requirements of the Fair Work Act.

The Fair Work Commission approved the Civil Mining & Construction Pty Ltd; COM Plant Hire Pty Ltd; Quarry Materials Pty Ltd Single Enterprise Agreement 2014 with modifications. The modifications addressed issues relating to employee classification, overtime, and protections for employees who worked irregular hours or shift work. The Commission was satisfied that the modified agreement provided appropriate protections for employees and was consistent with the requirements of the Fair Work Act.

Civil Mining & Construction 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