CivilPlus Constructions Pty Ltd

[2020] FWCA 2414

[2020] FWCA 2414

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CivilPlus Constructions Pty Ltd
(AG2020/930)

CIVILPLUS CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 7 MAY 2020

Application for approval of the CivilPlus Constructions Pty Ltd Enterprise Agreement 2020.

[1] CivilPlus Constructions Pty Ltd has applied for approval of a single enterprise agreement known as the CivilPlus Constructions Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] The Applicant applied to correct errors in the application. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives supported the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Construction, Forestry, Maritime, Mining and Energy Union (the Union) initially sought to be heard in relation to the application. The Union was provided with the application materials and the Commission directed a program for the filing and exchange of materials in respect of the Union’s request. The Union subsequently withdrew its request to be heard, prior to any materials being filed in accordance with the Commission’s directions.

[8] The Agreement was approved on 7 May 2020 and, in accordance with s.54, will operate from 14 May 2020. The nominal expiry date of the Agreement is 7 May 2024.

[9] For the purposes of publication, the signature pages of the Agreement have been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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