Civil Unlimited Pty Ltd Summary

[2013] FWCA 9943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Civil Unlimited Pty Ltd
(AG2013/10432)

CIVIL UNLIMITED PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 18 DECEMBER 2013

Application for approval of the Civil Unlimited Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 12 December 2013 by Civil Unlimited Pty Ltd for the approval of a single-enterprise agreement known as the Civil Unlimited Pty Ltd Enterprise Agreement 2013 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Civil Unlimited Pty Ltd, the applicant, sought approval of the Civil Unlimited Pty Ltd Enterprise Agreement 2013 from the Fair Work Commission. The dispute arose due to objections from several respondents, including unions and individual employees, who challenged the fairness and validity of the proposed agreement. The matter was heard by the Fair Work Commission, an industrial relations tribunal with jurisdiction to hear and determine applications for the approval of enterprise agreements.

The central legal issues that the Commission needed to address were whether the proposed agreement was a "bargained agreement" and whether it met the "better off overall test." A bargained agreement must be genuinely negotiated between employers and employees, and it must provide employees with at least the minimum entitlements set out in the relevant modern award. The better off overall test requires that the agreement must not be worse for employees than the applicable award or previous agreement. The Commission needed to examine the process of negotiation and the terms of the agreement to determine if they satisfied these requirements.

The Commission found that the agreement was genuinely negotiated, as evidenced by the extensive consultation process and the involvement of various stakeholders. The agreement contained terms that were at least as favourable as the minimum entitlements under the relevant modern award, thereby satisfying the better off overall test. Additionally, the Commission concluded that the process of negotiation was fair and transparent, and that the agreement was in the best interests of the employees. Therefore, the Commission approved the Civil Unlimited Pty Ltd Enterprise Agreement 2013.

In approving the agreement, the Commission made an order that the Civil Unlimited Pty Ltd Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. This decision effectively formalised the agreement, allowing it to be enforced as a binding contract between the parties involved. The approval of the agreement marked the resolution of the dispute, enabling the parties to proceed with the implementation of the agreed terms.

Civil Unlimited Pty Ltd

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Background to the litigation

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Legal Principle Established