DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil Trak Excavations Pty Ltd T/A Civil Trak Excavations
(AG2020/3785)

CIVIL TRAK EXCAVATIONS ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 12 JANUARY 2021

Application for approval of the Civil Trak Excavations Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Civil Trak Excavations 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 Trak Excavations Pty Ltd T/A Civil Trak Excavations. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2021. The nominal expiry date of the Agreement is 7 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Civil Trak Excavations Pty Ltd, trading as Civil Trak Excavations, applied for the approval of an enterprise agreement. The dispute arose before the Australian Industrial Relations Commission (AIRC), where the company sought to have the proposed agreement endorsed. The focus of the case was on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of its coverage, negotiation process, and the rights and obligations of the parties involved.

The court examined several legal issues, including whether the enterprise agreement was genuinely negotiated between the employer and the employees, and if it provided adequate protections for the employees. Additionally, the court considered whether the agreement complied with the statutory requirements for enterprise agreements, such as covering specific matters, ensuring fair terms, and including dispute resolution mechanisms. The court also needed to determine if the agreement was in the best interests of the employees, taking into account their welfare and the broader employment standards.

The AIRC found that the proposed enterprise agreement met the statutory requirements and was in the best interests of the employees. The court was satisfied that the agreement was genuinely negotiated between the employer and the employees, and that it provided appropriate protections and benefits. The agreement was also found to cover the necessary matters, and included fair terms and effective dispute resolution mechanisms. Therefore, the court approved the enterprise agreement, allowing it to be registered and enforced as a binding contract between the parties.

The final orders of the court were that the Civil Trak Excavations Enterprise Agreement be approved and registered, effective from the date of the decision. This ruling allowed the agreement to operate as a legally binding contract between Civil Trak Excavations and its employees, providing a framework for their employment relationship moving forward.

Civil Trak Excavations Pty Ltd T/A Civil Trak Excavations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established