DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comdain Civil Constructions Pty Ltd T/A Comdain Infrastructure
(AG2016/1401)

INFRASTRUCTURE SERVICES (SOUTHERN REGION) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Infrastructure Services (Southern 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 Constructions 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 23 June 2016 and, in accordance with s.54, will operate from 30 June 2016. The nominal expiry date of the Agreement is 23 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Comdain Civil Constructions Pty Ltd, trading as Comdain Infrastructure, applied for approval of the Infrastructure Services (Southern Region) Enterprise Agreement 2016. The application was heard by the Fair Work Commission, which was asked to determine whether the agreement met the requirements of the Fair Work Act 2009 for an enterprise agreement to be approved. The primary dispute centred on whether the agreement adequately covered all minimum terms and conditions and whether it was appropriately certified by the Australian Building and Construction Commission.

The court was required to examine the certification process of the agreement and ensure that it included all mandated minimum terms and conditions as set out by the Fair Work Act. Furthermore, the court needed to confirm whether the agreement was genuinely negotiated and whether it complied with the statutory requirements for enterprise agreements. The certification process by the Australian Building and Construction Commission was also under scrutiny to ensure it met the legal standards.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the Infrastructure Services (Southern Region) Enterprise Agreement 2016 was properly certified and contained all necessary minimum terms and conditions. The commission found that the agreement was genuinely negotiated and met the statutory requirements under the Fair Work Act. Consequently, the commission approved the agreement, finding it to be in accordance with the legislative framework.

The Fair Work Commission approved the Infrastructure Services (Southern Region) Enterprise Agreement 2016, confirming its compliance with the Fair Work Act and its certification by the Australian Building and Construction 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