DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civmec Construction & Engineering Pty Ltd
(AG2019/1492)

C.C.E. PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 22 OCTOBER 2019

Application for approval of the C.C.E. Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the C.C.E. Pty Ltd Enterprise Agreement 2019 (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.

[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. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2019. The nominal expiry date of the Agreement is 21 October 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Civmec Construction & Engineering Pty Ltd sought approval of the Civmec Construction & Engineering Pty Ltd Enterprise Agreement 2019. The application was brought before the Fair Work Commission, the industrial relations tribunal of Australia. The dispute centred around the fairness and compliance of the proposed agreement with the relevant industrial legislation. Civmec Construction & Engineering Pty Ltd argued that the agreement was fair and in line with statutory requirements, while the objectors contended that it did not meet the necessary standards for approval.

The Fair Work Commission was required to determine whether the agreement was procedurally and substantively fair. Procedural fairness involved assessing whether the agreement was genuinely negotiated and whether the process followed adhered to the Fair Work Act 2009. Substantive fairness involved examining whether the agreement's terms and conditions were fair and reasonable, taking into account the interests of the employees and the employer. The Commission had to weigh these considerations in light of the evidence and submissions presented by both parties.

Upon reviewing the evidence and submissions, the Fair Work Commission found that the agreement was genuinely negotiated and that the process followed complied with the statutory requirements. The Commission also concluded that the terms and conditions of the agreement were fair and reasonable, considering the interests of both the employees and the employer. Therefore, the Fair Work Commission approved the Civmec Construction & Engineering Pty Ltd Enterprise Agreement 2019. This decision was based on the evidence presented and the application of relevant industrial legislation.

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