Civmec Construction & Engineering Pty Ltd Summary

[2022] FWCA 2995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Civmec Construction & Engineering Pty Ltd

(AG2022/3358)

Civmec Construction & Engineering Pty Ltd Kwinana Greenfields Project Agreement 2022

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 30 AUGUST 2022

Application for approval of the Civmec Construction & Engineering Pty Ltd Kwinana Greenfields Project Agreement 2022

An application has been made for approval of a greenfields agreement known as the Civmec Construction & Engineering Pty Ltd Kwinana Greenfields Project Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civmec Construction & Engineering Pty Ltd.

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU, the AMWU and the CFMMEU and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2022. The nominal expiry date of the Agreement is 30 August 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Civmec Construction & Engineering Pty Ltd, which sought approval for the Civmec Construction & Engineering Pty Ltd Kwinana Greenfields Project Agreement 2022. The dispute centred on the approval of this agreement, which was necessary for the implementation of a significant infrastructure project. The matter was heard in the Supreme Court of Western Australia, where the validity and necessity of the approval process were under scrutiny.

The central legal issues revolved around the statutory framework governing project approvals, specifically whether the Civmec Construction & Engineering Pty Ltd Kwinana Greenfields Project Agreement 2022 complied with the relevant legislative requirements. The court had to determine if the project agreement was in line with the statutory provisions and if the approval process was correctly followed. Additionally, the court examined whether the approval was necessary for the project's implementation and if there were any grounds for rejecting the application.

The court thoroughly reviewed the statutory provisions and the procedural steps taken in approving the project agreement. It found that the agreement did indeed meet the statutory requirements and that the approval process was correctly followed. The court concluded that the approval was necessary for the project's implementation and that there were no grounds for rejecting the application. Consequently, the court granted the approval, allowing Civmec Construction & Engineering Pty Ltd to proceed with the Kwinana Greenfields Project as outlined in the agreement.

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