Civmec Construction & Engineering Pty Ltd Summary

[2013] FWCA 5760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civmec Construction & Engineering Pty Ltd
(AG2013/1795)

CIVMEC HENDERSON FABRICATION, MATERIALS HANDLING AND ASSEMBLY YARD WORKS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 14 AUGUST 2013

Application for approval of the Civmec Henderson Fabrication, Materials Handling and Assembly Yard Works Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Civmec Henderson Fabrication, Materials Handling and Assembly Yard Works Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[4] I had some concerns regarding clause 4 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] 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 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civmec Construction & Engineering Pty Ltd brought an application to the Fair Work Commission for approval of the Civmec Henderson Fabrication, Materials Handling and Assembly Yard Works Enterprise Agreement 2013. The parties involved were Civmec Construction & Engineering Pty Ltd and the Transport Workers Union of Australia, the union representing the employees. The application aimed to confirm the agreement as a protected action in accordance with the Fair Work Act 2009. The union had raised concerns regarding the fairness and validity of certain clauses within the agreement.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act for protected action, specifically if it had been genuinely agreed upon by the parties and if it complied with the provisions for minimum terms and conditions. Another key issue was whether the agreement adequately addressed the union's concerns about specific clauses that could potentially affect the employees' rights and entitlements. The Commission had to determine if the agreement provided fair and equitable terms for the employees while also considering the employer's operational needs.

In assessing the application, the Commission examined the process through which the agreement was negotiated and the fairness of its terms. The Commission concluded that the agreement had been genuinely negotiated and met the criteria for approval under the Act. The provisions in question were found to be reasonable and balanced, ensuring that employees' rights and entitlements were protected while allowing the employer to operate efficiently. The Commission approved the application, confirming the agreement as a protected action.

The Fair Work Commission approved the Civmec Henderson Fabrication, Materials Handling and Assembly Yard Works Enterprise Agreement 2013 as a protected action. The decision recognised the agreement as meeting the legislative requirements for genuine negotiation and compliance with minimum terms and conditions. The Commission's ruling affirmed the agreement's validity, providing a framework for fair and equitable terms for employees while accommodating the employer's operational needs.

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