Civil Reinforcing Pty Ltd

[2022] FWCA 1199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Civil Reinforcing Pty Ltd

(AG2022/854)

Civil Reinforcing Enterprise Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 5 APRIL 2022

Application for approval of the Civil Reinforcing Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Civil Reinforcing Enterprise Agreement 2021 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by Civil Reinforcing Pty Ltd. The Agreement is a single enterprise agreement.

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.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

Clause 27.5 which deals with deductions from an employee’s remuneration.
Clause 27.8 which provides for the withholding of an employee’s final pay upon termination.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 12 April 2022. The nominal expiry date of the Agreement is 5 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civil Reinforcing Pty Ltd applied to the Fair Work Commission for approval of the Civil Reinforcing Enterprise Agreement 2021. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute involved the terms and conditions of employment for workers within the Civil Reinforcing industry. The Fair Work Commission was required to determine whether the proposed agreement complied with the relevant legislative framework.

The key legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, including provisions regarding the protection of employees' rights and interests. The Commission considered whether the agreement provided for a safety net of minimum entitlements and whether it was free from undue influence or coercion. Additionally, the Commission evaluated if the agreement met the "better off overall test", ensuring that employees would be no worse off financially and would have improved conditions overall.

The Fair Work Commission found that the Civil Reinforcing Enterprise Agreement 2021 complied with the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement provided for a safety net of minimum entitlements and was free from undue influence or coercion. Furthermore, the Commission determined that the agreement met the "better off overall test", as employees would not be worse off financially and would enjoy improved conditions overall. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Civil Reinforcing Enterprise Agreement 2021, subject to the terms and conditions specified in the decision. The agreement was deemed to be compliant with the statutory requirements and met the necessary legal standards for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established