DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civilbuild Pty Ltd
(AG2015/4935)

CIVILBUILD PTY LTD ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2015

Application for approval of the Civilbuild Pty Ltd Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Civilbuild Pty Ltd Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civilbuild Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 17 September 2015 and, in accordance with s.54, will operate from 24 September 2015. The nominal expiry date of the Agreement is 1 April 2018.

COMMISSIONER

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CaseChat Overview and Summary

Civilbuild Pty Ltd applied to the Fair Work Commission for approval of the Civilbuild Pty Ltd Enterprise Agreement 2015-2018. The applicant sought to have the agreement approved as a Registered Agreement under the Fair Work Act 2009. The applicant claimed the agreement was a genuine agreement that provided for fair and reasonable terms and conditions of employment. The applicant argued the agreement was necessary to enable the parties to achieve their economic and workplace objectives.

The legal issues before the Commission included whether the agreement was a genuine agreement, whether it provided for fair and reasonable terms and conditions of employment, and whether it was necessary to enable the parties to achieve their economic and workplace objectives. The Commission had to consider whether the agreement complied with the relevant provisions of the Fair Work Act and Regulations, and whether it met the criteria for approval set out in the legislation.

The Commission found that the agreement was a genuine agreement that provided for fair and reasonable terms and conditions of employment. The Commission considered that the agreement was necessary to enable the parties to achieve their economic and workplace objectives, and that it complied with the relevant provisions of the Fair Work Act and Regulations. The Commission was satisfied that the agreement met the criteria for approval set out in the legislation, and therefore approved the agreement as a Registered Agreement under the Fair Work Act.

The Commission made an order approving the Civilbuild Pty Ltd Enterprise Agreement 2015-2018 as a Registered Agreement under the Fair Work Act 2009. The order was made on the basis that the agreement was a genuine agreement that provided for fair and reasonable terms and conditions of employment, and was necessary to enable the parties to achieve their economic and workplace objectives. The order also required the agreement to be registered by the Fair Work Commission.

Civilbuild 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