Civil Sydney Pty Limited Summary

[2024] FWCA 4321

The attached document wholly replaces the document previously issued with code [2024] FWC 2018 to correct document referencing.

Associate to Commissioner Schneider

Dated 19 December 2024

[2024] FWCA 4321

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Civil Sydney Pty Limited

(AG2024/2617)

CIVIL SYDNEY PTY LIMITED ENTERPRISE AGREEMENT 2024 - 2028

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 30 JULY 2024

Application for approval of the Civil Sydney Pty Limited Enterprise Agreement 2024 - 2028

Civil Sydney Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Civil Sydney Pty Limited Enterprise Agreement 2024 - 2028 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 3.4.4 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement, the NES will apply to the extent of the inconsistency.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 August 2024. The nominal expiry date of the Agreement is 6 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Civil Sydney Pty Limited, a company seeking approval for their Enterprise Agreement 2024-2028. The dispute centred around the proposed terms and conditions for employees, which Civil Sydney sought to implement through this agreement. The matter was brought before the Fair Work Commission, which has jurisdiction over such applications.

The primary legal issue the Commission had to decide was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing if the agreement provided for a minimum rate of pay, reasonable working hours, and other terms that adhered to the Fair Work Act's provisions. The Commission also needed to determine if the agreement was genuinely negotiated and if it provided for the resolution of disputes in an appropriate manner.

In reaching its decision, the Commission examined the details of the proposed agreement and the process through which it was negotiated. The Commission found that the agreement contained all necessary provisions and adhered to the statutory requirements. It was determined that the agreement was genuinely negotiated between the employer and the employees' representatives, and the terms were fair and reasonable. The Commission was satisfied that the dispute resolution mechanisms within the agreement were appropriate and compliant with the Act. Consequently, the Fair Work Commission approved the Civil Sydney Pty Limited Enterprise Agreement 2024-2028.

The Fair Work Commission's decision was to approve the enterprise agreement, thereby allowing Civil Sydney Pty Limited to implement the terms and conditions as proposed. This decision effectively resolved the dispute and provided clarity and certainty for both the employer and employees regarding their rights and obligations under the agreement.

Civil Sydney Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established