Civmec Construction and Engineering Pty Ltd

[2013] FWCA 5915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civmec Construction and Engineering Pty Ltd
(AG2013/2348)

CIVMEC CONSTRUCTION AND ENGINEERING PTY LTD YANDI SUSTAINING PROJECT CFMEU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 AUGUST 2013

Application for approval of the Civmec Construction and Engineering Pty Ltd Yandi Sustaining Project CFMEU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Civmec Construction and Engineering Pty Ltd Yandi Sustaining Project CFMEU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is one year and six months from the date of operation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civmec Construction and Engineering Pty Ltd applied to the Fair Work Commission for approval of the Civmec Construction and Engineering Pty Ltd Yandi Sustaining Project CFMEU Greenfields Agreement 2013. The Australian Council of Trade Unions intervened in the proceedings. The dispute centred on whether the agreement met the statutory requirements for approval, specifically under section 234 of the Fair Work Act 2009. The primary legal issue before the court was whether the agreement contained all the necessary terms required by the Act and whether it was fair and appropriate in all its aspects.

The court considered the terms of the agreement, the submissions of the parties, and relevant precedents. It found that the agreement contained all the necessary terms as required by the Act and was fair and appropriate in all its aspects. The court was satisfied that the agreement provided for a fair and efficient workplace, included protections for employees, and was negotiated in good faith. The application was approved, and the agreement was registered.

The court made an order approving the agreement and directing its registration in accordance with section 235 of the Fair Work Act 2009. The order was made on 26 February 2014. The Australian Council of Trade Unions' intervention was dismissed.

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