Civil Sydney Pty Limited

Civil Sydney Pty Limited applied for approval of the Civil Sydney Pty Limited Enterprise Agreement 2019 - 2023, which was entered into between the company and the Electrical Trades Union of Australia. The application was heard by the Fair Work Commission. The agreement included terms relating to the pay rates, conditions, and benefits for employees covered by the agreement. The Electrical Trades Union of Australia opposed the application, arguing that the agreement did not comply with certain legislative requirements and that it would have an adverse effect on employees.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it met the "better off overall test" under the Act. The Commission needed to determine if the agreement provided employees with a fair and reasonable set of terms and conditions compared to the applicable award or safety net. The Commission also had to consider if the agreement complied with the requirements of the Fair Work Regulations 2009.

In assessing the application, the Commission examined the evidence and submissions provided by both parties. It considered the impact of the agreement on the employees' pay and conditions and whether it provided for a fair and reasonable set of terms. The Commission also reviewed the agreement against the relevant legislative provisions to ensure compliance. After careful consideration, the Commission found that the agreement complied with the Act and the Regulations and met the better off overall test. The Commission approved the agreement, noting that it provided employees with a fair and reasonable set of terms and conditions.

The Fair Work Commission approved the Civil Sydney Pty Limited Enterprise Agreement 2019 - 2023, finding that it complied with the Fair Work Act 2009 and the Fair Work Regulations 2009 and met the better off overall test. The agreement was approved and is now in effect.