Civil Pacific Services Group Pty Ltd Summary

[2016] FWCA 2164

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
NL Consulting Services Pty Ltd T/A Workplace Solutions
(AG2016/570)
CPS ENTERPRISE AGREEMENT 2016 - 2020
Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 6 APRIL 2016

Application for approval of the CPS Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the

CPS Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant

to s.185 of the Fair Work Act 2009 (the Act). It has been made by NL Consulting Services Pty

Ltd T/A Workplace Solutions. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement was approved on 6 April 2016 and, in accordance with s.54, will

operate from 13 April 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the matter of NL Consulting Services Pty Ltd T/A Workplace Solutions, an application was made for the approval of the CPS Enterprise Agreement 2016 - 2020 under section 185 of the Fair Work Act 2009. The agreement pertains to the building, metal and civil construction industries. Commissioner Roe of the Fair Work Commission presided over the matter in Melbourne on April 6, 2016. The applicant sought to have the proposed enterprise agreement approved, which would then govern the terms and conditions of employment for the relevant industries over a period of four years, from April 13, 2016, to March 1, 2020.

The legal issues that the Commissioner had to address were whether the application met the requirements set out in sections 186, 187, and 188 of the Fair Work Act 2009, and if the agreement could be approved. The primary concern was whether the agreement provided for the employees' pay and conditions in a fair and reasonable manner and whether it complied with the procedural requirements for the approval of an enterprise agreement. The Commissioner had to consider whether the agreement met the relevant criteria for approval as per the Fair Work Act 2009 and whether it was in the best interest of the employees and employers involved.

Commissioner Roe determined that the application satisfied all the requirements of sections 186, 187, and 188 of the Fair Work Act 2009 as they pertained to this specific application for approval. The Commissioner was satisfied with the manner in which the agreement had been negotiated and the terms and conditions it proposed. Therefore, the CPS Enterprise Agreement 2016 - 2020 was approved on April 6, 2016, in accordance with section 54 of the Fair Work Act 2009. The agreement will come into effect on April 13, 2016, and will remain in force until March 1, 2020, unless otherwise terminated or replaced by a new agreement.

The final orders of the Court were that the CPS Enterprise Agreement 2016 - 2020 be approved as per section 185 of the Fair Work Act 2009 and that it be registered by the Registrar of the Fair Work Commission. The agreement was to operate from April 13, 2016, and would remain in force until March 1, 2020, unless it was terminated or replaced by a new agreement before that date. The Commissioner's decision to approve the agreement was based on the satisfaction that all relevant requirements and criteria had been met, and that the agreement was in the best interest of the employees and employers involved.

Civil Pacific Services Group Pty Ltd

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Background to the litigation

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Reasons for decision

Legal Principle Established