DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil Sydney Pty Ltd
(AG2015/4912)

CIVIL SYDNEY PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 7 OCTOBER 2015

Application for approval of the Civil Sydney Pty Ltd Enterprise Agreement.

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

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

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 7 October 2015 and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 7 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Civil Sydney Pty Ltd recently appeared before the Fair Work Commission to seek approval of an enterprise agreement. The applicant, Civil Sydney Pty Ltd, is an employer, while the respondents are the construction industry's trade unions. The crux of the dispute revolves around the terms and conditions of employment proposed in the enterprise agreement, which both parties have been unable to reconcile. The legal issues at the heart of this matter primarily concern whether the proposed agreement meets the statutory requirements for approval under the Fair Work Act 2009, specifically in terms of its compliance with the "better off overall test" and the "no disadvantage test."

The Commission meticulously examined the provisions of the proposed agreement to determine if it provides a fair and equitable balance of benefits for the employees. The "better off overall test" necessitates that the agreement offers employees at least the same terms and conditions as those they had under the applicable award or previous agreement. The "no disadvantage test" ensures that no employee is worse off financially or in terms of other conditions of employment. In its reasoning, the Commission weighed the arguments presented by both parties, including evidence of the economic context, the bargaining process, and the specific terms of the agreement. The outcome was that the proposed agreement satisfied both the better off overall and no disadvantage tests, and thus was approved.

As a result, the Fair Work Commission approved the Civil Sydney Pty Ltd Enterprise Agreement, finding it to be fair and reasonable. The approval means that the terms and conditions set forth in the agreement will apply to the employees, replacing the previous award or agreement. This decision not only resolves the immediate dispute between the employer and the unions but also sets a precedent for future negotiations within the industry, emphasising the importance of achieving a balance that benefits all parties involved.

Civil Sydney 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