DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CivilPlus Constructions Pty Ltd
(AG2016/733)

CIVILPLUS CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2016

Application for approval of the CivilPlus Constructions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CivilPlus Constructions Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CivilPlus Constructions Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 18 May 2016 and, in accordance with s.54, will operate from 25 May 2016. The nominal expiry date of the Agreement is 30 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CivilPlus Constructions Pty Ltd, the applicant, sought approval of the CivilPlus Constructions Pty Ltd Enterprise Agreement 2016, which was to be registered under the Fair Work Act 2009. The applicant was a construction company, and the dispute involved the terms of employment of its workers. The applicant argued that the agreement should be approved as it had been negotiated in good faith and met the criteria for registration. The Fair Work Commission was the court in which the matter was heard.

The primary legal issue for the Commission was whether the agreement had been made in good faith and if it contained the necessary terms and conditions required for registration under the Fair Work Act. The Commission needed to determine if the applicant had fulfilled the prerequisites for the agreement's approval and if the agreement provided for fair and reasonable terms for the employees. The applicant argued that the agreement had been made in good faith, and the employees had been appropriately consulted.

The Commission found that the agreement had been made in good faith, and the required consultation had taken place. The Commission was satisfied that the applicant had fulfilled the prerequisites for the agreement's approval. The terms and conditions of the agreement were fair and reasonable, meeting the criteria for registration under the Fair Work Act. Consequently, the Commission approved the CivilPlus Constructions Pty Ltd Enterprise Agreement 2016 for registration. The agreement was registered, and the applicant's application was successful.

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