Civmec Construction & Engineering Pty Ltd

[2013] FWCA 6874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civmec Construction & Engineering Pty Ltd
(AG2013/9175)

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

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

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

[1] An application has been made for approval of an enterprise agreement known as the Civmec Construction and Engineering Pty Ltd Greater Nammuldi Project CEPU 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 & Engineering Pty Ltd sought approval for the Civmec Construction and Engineering Pty Ltd Greater Nammuldi Project CEPU Greenfields Agreement 2013. The application was brought before the Court of Appeal to decide on the approval of the said agreement. This agreement was between Civmec and the Construction, Forestry, Maritime, Mining and Energy Union (CFMU), which was an industrial dispute resolution mechanism. The dispute arose from the implementation of the agreement and whether it complied with the necessary legal and procedural requirements.

The legal issues before the court were whether the application for approval of the agreement was properly made and if the agreement itself met the criteria set out in the relevant legislation, namely the Fair Work Act 2009. The court had to consider whether the agreement was a "greenfields" agreement as defined in the Act, and whether it was made in good faith and with proper consultation. Furthermore, the court needed to assess if the agreement was in the best interests of the employees and if it provided adequate protections and benefits.

The court found that the application for approval was properly made, and that the agreement was indeed a "greenfields" agreement under the Fair Work Act 2009. The court determined that the agreement was made in good faith and with proper consultation, and that it provided adequate protections and benefits for the employees. The court concluded that the agreement was in the best interests of the employees and that it met the criteria set out in the Act. Therefore, the court approved the Civmec Construction and Engineering Pty Ltd Greater Nammuldi Project CEPU Greenfields Agreement 2013.

The court's decision was that the application for approval of the Civmec Construction and Engineering Pty Ltd Greater Nammuldi Project CEPU Greenfields Agreement 2013 was granted. The court found that the agreement met all the necessary legal and procedural requirements and was in the best interests of the employees. This decision has important implications for the parties involved and for future "greenfields" agreements in the construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established