Civmec Construction and Engineering Pty Ltd Summary

[2013] FWCA 6876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civmec Construction and Engineering Pty Ltd
(AG2013/2713)

CIVMEC CONSTRUCTION AND ENGINEERING PTY LTD GREATER NAMMULDI PROJECT AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 SEPTEMBER 2013

Application for approval of the Civmec Construction & Engineering Pty Ltd Greater Nammuldi Project AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Civmec Construction & Engineering Pty Ltd Greater Nammuldi Project AWU 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 & Engineering Pty Ltd Greater Nammuldi Project AWU Greenfields Agreement 2013. The applicant and the Australian Workers' Union sought to have the agreement approved as a safety net agreement. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues for the Commission to decide included whether the agreement provided a safety net that was no less favourable than the applicable awards or registered agreements and whether the agreement's provisions complied with the statutory requirements.

The Commission found that the agreement did indeed provide a safety net that was no less favourable than the applicable awards or registered agreements. It was noted that the agreement contained provisions that were consistent with the protections set out in the applicable awards and other registered agreements, thereby ensuring that employees were not disadvantaged. Additionally, the Commission confirmed that the agreement's provisions complied with the statutory requirements, including the procedural fairness requirements, and that it was appropriately certified. Consequently, the Commission approved the agreement as a safety net agreement.

The final orders of the Commission were that the Civmec Construction & Engineering Pty Ltd Greater Nammuldi Project AWU Greenfields Agreement 2013 be approved as a safety net agreement under section 234 of the Fair Work Act 2009. The approval was effective from the date of the Commission's decision and would remain in force for a period of five years. The applicant and the union were directed to take all necessary steps to bring the agreement into effect and to comply with its terms.

Civmec Construction and Engineering Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established