DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civmec Construction & Engineering Pty Ltd
(AG2017/5036)

CIVMEC CONSTRUCTION & ENGINEERING PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 MARCH 2018

Application for approval of the Civmec Construction & Engineering Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Civmec Construction & Engineering Pty Ltd Ichthys Onshore Construction Enterprise Agreement (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 Applicant 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 2 March 2018 and, in accordance with s.54, will operate from 9 March 2018. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Civmec Construction & Engineering Pty Ltd, the respondent, sought approval of the Civmec Construction & Engineering Pty Ltd Ichthys Onshore Construction Enterprise Agreement 2021. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the approval on several grounds, including that the agreement failed to meet the threshold for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement satisfied the criteria for approval under section 234 of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been made in good faith. The Commission also had to consider whether the agreement was in the best interests of the employees covered by it.

In determining the matter, the Commission examined the terms of the agreement and the process by which it had been negotiated. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith. The Commission also found that the agreement was in the best interests of the employees covered by it, and that it met the threshold for approval under the Fair Work Act.

Accordingly, the Commission approved the agreement. Civmec Construction & Engineering Pty Ltd, the respondent, is directed to give a copy of the approved agreement to the Construction, Forestry, Maritime, Mining and Energy Union, the applicant.

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