DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CivilworX Constructions Pty Ltd
(AG2018/975)

CIVILWORX CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 JULY 2018

Application for approval of the CivilworX Constructions Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the CivilworX Constructions Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CivilworX 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 9 July 2018. The nominal expiry date of the Agreement is 1 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of CivilworX Constructions Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the enterprise agreement between the employer and the employees. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009. The Commission was required to examine the fairness and compliance of the proposed agreement, particularly in relation to the terms and conditions of employment, procedural fairness, and the representation of employees.

The legal issues that the Commission had to decide included whether the agreement was genuinely negotiated, whether it met the criteria for procedural fairness, and whether it was in the best interest of the employees. The Commission considered the process of negotiation, the representation of the employees, and the terms of the agreement itself. It was essential to determine whether the agreement was the product of genuine bargaining and whether it provided for fair and equitable terms and conditions for the employees.

The Commission found that the agreement was genuinely negotiated and that the process adhered to procedural fairness. The Commission was satisfied that the agreement met the necessary criteria under the Fair Work Act. It concluded that the agreement was fair and equitable for the employees and in their best interest. Consequently, the Commission approved the CivilworX Constructions Pty Ltd Enterprise Agreement 2017-2021. The decision was made on the basis that the agreement complied with the legislative requirements and provided a fair outcome for all parties involved.

CivilworX 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