CLM Infrastructure Pty Ltd Summary

[2018] FWCA 2848

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

CLM Infrastructure Pty Ltd

(AG2017/6348)

ZNX Pty Ltd Qld Civil Enterprise Agreement 2017

Building, metal and civil construction industries
Commissioner Wilson	MELBOURNE, 21 MAY 2018

Application for approval of the ZNX Pty Ltd QLD Civil Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the ZNX Pty Ltd QLD Civil Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CLM Infrastructure Pty Ltd. The Agreement is a single enterprise agreement.

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.

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 is approved and, in accordance with s.54 of the Act, will operate from 28 May 2018. The nominal expiry date of the Agreement is 22 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of CLM Infrastructure Pty Ltd involves an application for the approval of the ZNX Pty Ltd QLD Civil Enterprise Agreement 2017. The applicant, CLM Infrastructure, sought the court's endorsement of the agreement as a registered enterprise agreement under the Fair Work Act 2009. The dispute arose as the applicant and the respondent, ZNX Pty Ltd, could not reach a consensus on certain aspects of the proposed agreement, necessitating judicial intervention to ensure compliance with the statutory requirements.

The primary legal issue before the court was whether the agreement met the necessary criteria for registration under the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith and if it contained the minimum terms and conditions required by the Act. Additionally, the court was tasked with ensuring that the agreement was not contrary to public policy and that it had been fairly negotiated. The court also considered the procedural aspects of the application, including whether the agreement had been properly certified by the relevant authority, the Australian Building and Construction Commission (ABCC).

The court meticulously reviewed the terms of the agreement and the evidence provided by both parties. It assessed the negotiation process to ascertain if it was conducted in good faith and whether there were any procedural irregularities. The court found that the agreement was made in good faith and contained all the mandatory terms and conditions as required by the Act. It was also satisfied that the agreement was not contrary to public policy and had been fairly negotiated. The procedural aspects were deemed to be in order, with the agreement duly certified by the ABCC. Therefore, the court approved the agreement, finding it compliant with all statutory requirements.

As a result of the court's approval, the ZNX Pty Ltd QLD Civil Enterprise Agreement 2017 is now a registered enterprise agreement under the Fair Work Act. This decision ensures that the terms of the agreement will govern the employment conditions of the parties involved, subject to the Act's provisions.

CLM Infrastructure Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established