DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comdain Corporate Pty Ltd
(AG2020/2708)

INFRASTRUCTURE SERVICES (CENTRAL REGION) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 OCTOBER 2020

Application for approval of the Infrastructure Services (Central Region) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Infrastructure Services (Central Region) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Comdain Corporate 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. The undertakings are taken to be a term of 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2020. The nominal expiry date of the Agreement is 26 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Comdain Corporate Pty Ltd, a company in the infrastructure services sector, applied for the approval of the Infrastructure Services (Central Region) Enterprise Agreement 2020, under section 232 of the Fair Work Act 2009. The application was heard by the Fair Work Commission, with Commissioner McCabe presiding.

The central issue before the Commission was whether the agreement met the 'better off overall test' as required by section 231 of the Act. This test requires that the proposed agreement must be at least as good as the terms and conditions previously in place for the employees covered by the agreement. The Commission needed to determine if the new agreement provided employees with terms and conditions that were at least as good as, or better than, those provided under their previous conditions.

The Commission found that the proposed agreement did indeed satisfy the better off overall test. The agreement contained provisions that were, in most cases, at least as good as the previous conditions of employment. Some employees would benefit from increased wages, while others would benefit from the removal of certain unfavourable provisions. The Commission concluded that the proposed agreement would result in no employee being worse off and many being better off overall. As such, the application for approval was granted.

The Fair Work Commission approved the Infrastructure Services (Central Region) Enterprise Agreement 2020, effective from the date of the Commission's decision. The agreement will now govern the terms and conditions of employment for the employees covered by it, as per the provisions set out in the approved agreement.

Comdain Corporate 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