Civmec Construction & Engineering Pty Ltd

[2013] FWCA 6238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civmec Construction & Engineering Pty Ltd
(AG2013/2443)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 30 AUGUST 2013

Application for approval of the Civmec Construction and Engineering Pty Ltd Yandi Sustaining Project AMWU 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 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 approval of an enterprise agreement, the Civmec Construction and Engineering Pty Ltd Yandi Sustaining Project AMWU Greenfields Agreement 2013. The Australian Manufacturing Workers' Union (AMWU) sought the agreement on behalf of its members employed by Civmec. The central dispute revolved around the validity and scope of the agreement, particularly its application to new employees who were not part of the original bargaining process.

The primary legal issues before the Commission were whether the agreement was fairly and genuinely negotiated, whether it was consistent with the relevant provisions of the Fair Work Act 2009, and whether it appropriately covered new employees hired after the agreement's execution. The Commission had to assess if the AMWU genuinely represented the employees during the bargaining process and if the agreement complied with statutory requirements.

In its decision, the Commission found that the agreement was fairly and genuinely negotiated, and that the AMWU genuinely represented the employees. The Commission emphasised that the agreement was comprehensive and included appropriate terms and conditions, including those applicable to new employees. The Commission noted that the AMWU had demonstrated sufficient support from the employees, thereby meeting the criteria for approval under the Act. Consequently, the Commission approved the agreement, ensuring its application to both existing and new employees.

The Fair Work Commission ordered the approval of the Civmec Construction and Engineering Pty Ltd Yandi Sustaining Project AMWU Greenfields Agreement 2013, effective from the date of the decision. The agreement was to apply to all employees of Civmec, including those hired after the agreement's execution, thereby ensuring its comprehensive coverage and compliance with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established