Civmec Construction & Engineering Pty Ltd Summary

[2013] FWCA 6883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civmec Construction & Engineering Pty Ltd
(AG2013/2712)

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

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

Application for the approval of the Civmec Construction & Engineering Pty Ltd Greater Nammuldi Project AMWU 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 AMWU 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 applied to the Fair Work Commission for the approval of the Civmec Construction & Engineering Pty Ltd Greater Nammuldi Project AMWU Greenfields Agreement 2013. The application was opposed by the Australian Manufacturing Workers' Union. The dispute concerned the terms of an enterprise agreement between Civmec and the union, specifically regarding the agreement's approval and its implications for the employees covered by it.

The primary legal issue before the commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of its bargaining process and the provisions it contained. The commission had to determine if the agreement was made in good faith and if it adhered to the principles of the Act, including whether it provided for fair and reasonable terms and conditions of employment. Additionally, the commission needed to assess whether the agreement appropriately balanced the interests of both the employer and the employees.

The commission found that the agreement was made in good faith and followed the necessary bargaining processes as outlined in the Fair Work Act 2009. It concluded that the agreement was fair and reasonable, providing for terms and conditions that were equitable for both parties. The commission approved the agreement, noting that it appropriately addressed the needs of the workforce while also accommodating the operational requirements of Civmec. The commission's decision was based on a comprehensive review of the evidence presented and the legal framework governing enterprise agreements.

The commission approved the Civmec Construction & Engineering Pty Ltd Greater Nammuldi Project AMWU Greenfields Agreement 2013, effective from 1 March 2013. The decision was made on the basis that the agreement was fair, reasonable, and met the statutory requirements under the Fair Work Act 2009. The approval of the agreement was significant in that it provided a framework for the terms and conditions of employment for the employees covered by it, ensuring a balance between the interests of the employer and the workforce.

Civmec Construction & Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established