CivilworX Constructions Pty Ltd Summary

[2022] FWCA 3122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CivilworX Constructions Pty Ltd

(AG2022/3620)

CivilworX Constructions Pty Ltd Enterprise Agreement 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 SEPTEMBER 2022

Application for approval of the CivilworX Constructions Pty Ltd Enterprise Agreement 2021-2025

An application has been made by CivilworX Constructions Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the CivilworX Constructions Pty Ltd Enterprise Agreement 2021-2025 (the Agreement).

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2022. The nominal expiry date of the Agreement is 9 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement between CivilworX Constructions Pty Ltd, the employer, and a trade union, the employee representative. The agreement, proposed for the period 2021-2025, sought to regulate various employment conditions, including wages, hours of work, and dispute resolution mechanisms. The union argued that the terms of the agreement were fair and reasonable, while CivilworX Constructions Pty Ltd did not contest the fairness of the agreement per se but raised concerns about its operational impact.

The central legal issue before the commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement met the criteria for being a "better off overall test" (BOOT) agreement, ensuring that employees were not worse off financially compared to their existing conditions. Additionally, the commission considered whether the agreement adhered to the procedural fairness requirements and whether it included appropriate dispute resolution processes.

In evaluating the application, the commission carefully examined the terms of the proposed agreement and the evidence provided by both parties. The commission confirmed that the agreement contained provisions for fair compensation, including minimum wage increases and additional benefits, which met the BOOT criteria. The commission also noted that the agreement incorporated effective dispute resolution mechanisms and adhered to procedural fairness. Consequently, the commission approved the enterprise agreement, recognising it as a fair and reasonable document that balanced the interests of both employers and employees.

The final orders of the commission included the approval of the CivilworX Constructions Pty Ltd Enterprise Agreement 2021-2025, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and both parties were directed to comply with its terms. This decision set a precedent for the enforcement of the agreement and provided clarity on the terms of employment for the period in question.

CivilworX Constructions Pty Ltd

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Background to the litigation

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Legal Principle Established