Civmec Construction & Engineering Pty Ltd Summary

[2022] FWCA 333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Civmec Construction & Engineering Pty Ltd

(AG2021/9201)

Civmec Henderson Fabrication, Materials Handling and Assembly Yard Works Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 3 FEBRUARY 2022

Application for approval of the Civmec Henderson Fabrication, Materials Handling and Assembly Yard Works Enterprise Agreement 2021

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 2021 (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. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The “Automotive, Food Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2022. The nominal expiry date of the Agreement is 3 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Civmec Construction & Engineering Pty Ltd brought an application before the Fair Work Commission to approve an enterprise agreement. The proposed agreement, titled "Civmec Henderson Fabrication, Materials Handling and Assembly Yard Works Enterprise Agreement 2021," aimed to regulate the terms and conditions of employment for certain employees within the company. The primary focus of the application was to secure the approval of this agreement, which would then govern the employment relationship between the employer and the employees covered by the agreement.

The legal issues at hand involved whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included ensuring that the agreement was fair and reasonable, had been negotiated in good faith, and complied with any relevant minimum standards set out in the Act or other relevant legislation. Specifically, the Commission had to examine whether the agreement provided appropriate protections for the employees and whether it was in line with the principles of industrial fairness.

In rendering its decision, the Commission carefully considered the provisions of the proposed agreement, the nature of the bargaining process, and the interests of both parties. It assessed the fairness and reasonableness of the terms, taking into account the economic and non-economic factors relevant to the agreement. The Commission also examined whether the agreement provided for the payment of minimum rates of pay, leave entitlements, and other conditions that met or exceeded the statutory minimum standards. After thorough deliberation, the Commission determined that the proposed agreement met the necessary criteria and approved it, making it a legally binding document between the employer and the employees.

The final orders of the Commission included the approval of the Civmec Henderson Fabrication, Materials Handling and Assembly Yard Works Enterprise Agreement 2021, which would now govern the employment terms and conditions for the specified employees. The Commission's decision ensured that the agreement would provide a fair and reasonable framework for the employment relationship, while also adhering to the statutory requirements set out in the Fair Work Act 2009.

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