Civlec Pty Ltd Summary

[2022] FWCA 3546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Civlec Pty Ltd

(AG2022/3791)

Civlec Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 OCTOBER 2022

Application for approval of the Civlec Pty Ltd Enterprise Agreement 2022

An application has been made by Civlec Pty Ltd pursuant to s.185 of the Fair Work Act 2009 for approval of a single enterprise agreement known as the Civlec Pty Ltd Enterprise Agreement 2022 (the Agreement).

The employer 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 will not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

Subject to the undertaking 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2022. The nominal expiry date of the Agreement is 19 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE517754 PR746741>
Annexure A

CaseChat Overview and Summary

Civlec Pty Ltd applied to the Fair Work Commission (FWC) for approval of an enterprise agreement. The applicants were Civlec Pty Ltd and the Electrical Trades Union of Australia. The respondents were the union and several employees. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The central legal issue was whether the agreement contained all the mandated terms and conditions, including those relating to minimum wages, penalty rates, leave, and dispute resolution. The respondents argued that the agreement failed to provide adequately for certain employee entitlements, particularly in relation to overtime and shift penalties. The applicants countered that the agreement was comprehensive and fair, providing for all required terms and conditions.

The FWC found that the agreement did indeed meet the statutory requirements. It was noted that the agreement contained all necessary provisions regarding minimum wages, penalty rates, leave, and dispute resolution. Although the respondents raised concerns about specific clauses, the FWC concluded that these were sufficiently addressed within the agreement. Consequently, the FWC approved the agreement as compliant with the relevant legislation. The parties were directed to give the agreement to the FWC within 14 days for registration.

Civlec Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established