CivilTeam Engineering Pty Ltd

[2013] FWCA 285

FAIR WORK COMMISSION

DECISION

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

CivilTeam Engineering Pty Ltd
(AG2013/60)

CIVILTEAM ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 21 JANUARY 2013

Application for approval of the CivilTeam Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 10 January 2013 by CivilTeam Engineering Pty Ltd for the approval of a single-enterprise agreement known as the CivilTeam Enterprise Agreement 2013 (“the Agreement”).

[2] On 16 January 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] 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

CivilTeam Engineering Pty Ltd applied for the approval of the CivilTeam Enterprise Agreement 2013, which was lodged with the Fair Work Commission. The Fair Work Commission is tasked with the responsibility of approving or rejecting such agreements, ensuring that they meet the criteria set forth in the Fair Work Act 2009. This application arose from negotiations between the company and its employees, represented by a union, aiming to establish terms and conditions of employment. The nature of the dispute involved the terms and conditions outlined in the agreement, including wages, working hours, and other employment conditions.

The legal issues before the Fair Work Commission centred on whether the proposed agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was procedurally valid, if it was in the best interests of the employees, and if it met the "better off overall test". This test requires that the agreement, on balance, provides employees with a minimum of the national minimum wage and awards entitlements. Additionally, the Commission had to assess if the agreement contained provisions that were contrary to public policy or if it unfairly disadvantaged a class of employees.

In its reasoning, the Fair Work Commission noted that the application was procedurally sound as it was lodged in accordance with the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees, as it provided for wage increases, improved working conditions, and other benefits that were negotiated in good faith. The "better off overall test" was met, as the employees would receive a minimum of the national minimum wage and awards entitlements, along with additional benefits that improved their overall position. The Commission did not find any provisions in the agreement that were contrary to public policy or unfairly disadvantaged a class of employees. Based on these findings, the Fair Work Commission approved the CivilTeam Enterprise Agreement 2013.

The Fair Work Commission's final order was the approval of the CivilTeam Enterprise Agreement 2013, effective from the date of the decision. The agreement, which had been negotiated between the company and its employees, was now legally binding and would govern the terms and conditions of employment for the employees covered by the agreement. This decision reinforced the importance of fair and transparent negotiations between employers and employees, and the role of the Fair Work Commission in ensuring that agreements meet the necessary legal criteria.

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Legal Principle Established