DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civmec Construction & Engineering Pty Ltd
(AG2020/3060)

C.C.E. PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 26 NOVEMBER 2020

Application for approval of the C.C.E. Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the C.C.E. Pty Ltd Enterprise Agreement 2020 (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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2020. The nominal expiry date of the Agreement is 26 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Civmec Construction & Engineering Pty Ltd recently appeared before the Fair Work Commission to seek approval for their Enterprise Agreement 2020. The dispute involved the company's request to establish certain terms and conditions of employment for its workers, as outlined in the proposed agreement. The company aimed to ensure that the agreement complied with the relevant legislative framework while accommodating its operational needs. The legal issues before the commission encompassed whether the proposed agreement satisfied the statutory requirements under the Fair Work Act 2009, including provisions related to employee entitlements, classification, and procedural fairness.

The Fair Work Commission meticulously reviewed the proposed agreement to ensure compliance with the statutory provisions. The commission examined whether the agreement adhered to the requirements set forth in the Fair Work Act 2009, particularly focusing on the provision of minimum entitlements, classification of employees, and the procedural fairness of the agreement's formation. Additionally, the commission assessed whether the agreement met the standards of good faith bargaining and whether it was made without coercion, undue influence, or discrimination. The commission's analysis was grounded in the statutory framework and relevant case law, ensuring a comprehensive evaluation of the agreement's compliance and fairness.

Upon thorough examination, the commission found that the Civmec Construction & Engineering Pty Ltd Enterprise Agreement 2020 met the statutory requirements under the Fair Work Act 2009. The agreement was deemed to provide for minimum entitlements, ensure proper classification of employees, and maintain procedural fairness. The commission concluded that the agreement was the product of genuine and good faith bargaining and was not influenced by any improper conduct. Consequently, the commission approved the agreement, recognising its alignment with the legislative standards and its fairness to the parties involved.

ORDERS:
The Fair Work Commission approved the application for approval of the Civmec Construction & Engineering Pty Ltd Enterprise Agreement 2020, effective from the date of the decision.

Civmec Construction & Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established