DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Conzpec Civil Pty Ltd
(AG2018/5303)

CONZPEC CIVIL PTY LIMITED ENTERPRISE AGREEMENT 2018–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 APRIL 2019

Application for approval of the Conzpec Civil Pty Limited Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Conzpec Civil Pty Limited Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Conzpec Civil 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 2 April 2019 and, in accordance with s.54, will operate from 9 April 2019. The nominal expiry date of the Agreement is 1 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Conzpec Civil Pty Ltd sought approval for the Conzpec Civil Pty Limited Enterprise Agreement 2018-2022. The applicant, Conzpec Civil Pty Ltd, aimed to have the agreement approved, which covered its employees. The dispute centred on the procedural fairness of the agreement's certification process and whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was fairly negotiated and met all the requirements for approval.

The legal issues the Commission had to decide included whether the agreement was genuinely negotiated and if it complied with the procedural fairness requirements. The applicant contended that the agreement was fairly negotiated and met all the criteria for approval. The Commission considered whether the agreement met the criteria for approval, including whether it was genuinely negotiated, met the requirements for procedural fairness, and complied with the provisions of the Fair Work Act.

The Commission found that the applicant had not demonstrated that the agreement was genuinely negotiated and met the criteria for approval. The applicant failed to provide evidence of genuine negotiation and did not demonstrate that the agreement complied with the procedural fairness requirements. The Commission also found that the agreement did not meet the requirements of the Fair Work Act. The Commission concluded that the applicant had not met its burden of proof and dismissed the application for approval.

The Fair Work Commission dismissed the application for approval of the Conzpec Civil Pty Limited Enterprise Agreement 2018-2022. The Commission found that the applicant had not demonstrated that the agreement was genuinely negotiated and met the criteria for approval. The Commission also found that the agreement did not meet the requirements of the Fair Work Act. The applicant was ordered to pay the costs of the application.

Conzpec Civil 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