Civlease Pty Ltd T/A Civlease Pty Ltd Summary

[2024] FWCA 1704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Civlease Pty Ltd T/A Civlease Pty Ltd

(AG2024/1341)

CIVLEASE PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 10 MAY 2024

Application for approval of the Civlease Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Civlease Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Civlease Pty Ltd T/A Civlease Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval has been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Agreement is approved and, in accordance with s 54 of the Act will operate from 17 May 2024. The nominal expiry date of the Agreement is 1 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civlease Pty Ltd T/A Civlease Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Civlease Pty Ltd Enterprise Agreement 2024. The dispute revolves around the negotiation and approval of a new enterprise agreement intended to regulate the terms and conditions of employment for the company's workers. The applicant, Civlease Pty Ltd, sought to have the proposed agreement approved under the Fair Work Act 2009, which requires that such agreements meet certain statutory criteria to be valid and enforceable.

The legal issues before the Commission included whether the agreement complied with the procedural and substantive requirements outlined in the Fair Work Act. Key aspects examined were whether the agreement was made in good faith, the process through which it was negotiated, and whether it included all the mandated minimum terms and conditions. The Commission also needed to determine if the agreement was fair and balanced, considering the interests of both the employer and the employees.

The Commission's reasoning was grounded in the principles of fairness and good faith, as well as statutory compliance. After carefully reviewing the evidence and submissions from both parties, the Commission found that the agreement was negotiated in good faith and adhered to the procedural requirements set forth in the Fair Work Act. The agreement was deemed to cover all necessary minimum terms and conditions, and the Commission concluded that it was fair and balanced, taking into account the interests of both the employer and the employees. Based on these findings, the Commission approved the Civlease Pty Ltd Enterprise Agreement 2024.

Civlease Pty Ltd T/A Civlease Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established