DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comdain Civil Constructions Pty Ltd T/A Comdain Infrastructure
(AG2016/3503)

INFRASTRUCTURE SERVICES (CENTRAL REGION) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the Infrastructure Services (Central Region) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Infrastructure Services (Central Region) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Comdain Civil Construction Pty Ltd T/A Comdain Infrastructure. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Agreement was approved on 20 June 2016 and, in accordance with s.54, will operate from 27 June 2016. The nominal expiry date of the Agreement is 20 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Comdain Civil Constructions Pty Ltd T/A Comdain Infrastructure, the applicant sought approval of the Infrastructure Services (Central Region) Enterprise Agreement 2016. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. The dispute centred on whether the agreement appropriately balanced the rights and obligations of both employers and employees, as well as its compliance with the relevant legislative framework.

The primary legal issue the Commission had to resolve was whether the proposed enterprise agreement provided for fair and reasonable terms and conditions of employment. This included ensuring that the agreement met the "better off overall test," which requires that employees be no worse off financially and at least some employees be better off overall compared to their previous conditions of employment. Additionally, the Commission needed to assess whether the agreement complied with the "good faith" requirement, meaning that it was negotiated in a manner that was fair and reasonable.

The Fair Work Commission found that the proposed agreement satisfied the "better off overall test" and was negotiated in good faith. The Commission determined that the agreement contained provisions that were fair and reasonable, and that it met the statutory requirements for approval. Consequently, the Commission approved the Infrastructure Services (Central Region) Enterprise Agreement 2016, acknowledging that it provided for appropriate terms and conditions of employment that balanced the interests of both employers and employees.

As a result of the Commission's decision, the Infrastructure Services (Central Region) Enterprise Agreement 2016 was approved and is now in effect. This decision provides clarity for both employers and employees in the relevant industry, ensuring that their employment terms are governed by an agreement that has been vetted and approved by the Fair Work Commission.

Comdain Civil Constructions Pty Ltd T/A Comdain Infrastructure

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established