Civilworx Constructions Pty Ltd

[2013] FWCA 5419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civilworx Constructions Pty Ltd
(AG2013/1860)

CIVILWORX CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 7 AUGUST 2013

Application for approval of the CivilworX Constructions Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the CivilworX Constructions Pty Ltd Enterprise Agreement 2013-2017 (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 meet the requirements as provided for by s.190 of the Act.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 7 August 2013 and, in accordance with s.54, will operate from 14 August 2013. The nominal expiry date of the Agreement is 1 June 2017

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Civilworx Constructions Pty Ltd, which sought approval for its enterprise agreement from 2013 to 2017. The dispute arose under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The company applied for the agreement to be registered, which would make it legally enforceable. The applicant sought to ensure that the agreement complied with the requirements of the Act.

The central legal issue was whether the agreement met the criteria for registration as stipulated in the Fair Work Act. Specifically, the court had to determine if the agreement was made in good faith and if it provided for a safety net of minimum wages and conditions. Another aspect of the decision was whether the agreement had been genuinely bargained between the parties. The court also had to consider whether the agreement was consistent with the national workplace relations system.

The Fair Work Commission found that the agreement was made in good faith and provided for a safety net of minimum wages and conditions. The Commission determined that there was genuine bargaining between the parties and that the agreement was consistent with the national workplace relations system. The Commission concluded that the agreement met all the requirements for registration under the Act. As a result, the court approved the Civilworx Constructions Pty Ltd Enterprise Agreement 2013-2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established