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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CivilPlus Constructions Pty Ltd, an employer in the construction industry, sought approval of the CivilPlus Constructions Pty Ltd Enterprise Agreement 2020 from the Fair Work Commission. The matter was heard by Deputy President Connolly, who was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central issue before the court was whether the enterprise agreement contained provisions that complied with the requirements for approval under the Act. Specifically, the court needed to assess whether the agreement was free from any mandatory term that was not otherwise included in the relevant industrial instrument and whether it was consistent with the Fair Work Act’s objectives, including maintaining and promoting high levels of enterprise bargaining. The court also had to consider whether the agreement provided for a fair and efficient process for resolving disputes.

Deputy President Connolly found that the CivilPlus Constructions Pty Ltd Enterprise Agreement 2020 was consistent with the legislative framework. The agreement included provisions that were necessary for the operation of the enterprise and aligned with the overarching goals of the Fair Work Act. The court was satisfied that the agreement contained appropriate dispute resolution mechanisms and that it did not include any terms that were not otherwise provided for in the relevant industrial instrument. Consequently, the court approved the agreement.

The Fair Work Commission approved the CivilPlus Constructions Pty Ltd Enterprise Agreement 2020, recognising its compliance with the statutory requirements and its alignment with the Act’s objectives. This decision underscores the importance of ensuring that enterprise agreements are not only in the best interests of the parties involved but also consistent with the broader legislative framework governing industrial relations in Australia.

CivilPlus Constructions 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