Conzpec Civil Pty Ltd

[2013] FWCA 9069

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Conzpec Civil Pty Ltd
(AG2013/9970)

CONZPEC CIVIL PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 19 NOVEMBER 2013

Application for approval of the Conzpec Civil Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as Conzpec Civil Pty Ltd Enterprise Agreement 2013 -2017 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 19 November 2017.

COMMISSIONER

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CaseChat Overview and Summary

Conzpec Civil Pty Ltd, an employer, brought an application before the Fair Work Commission seeking approval of an enterprise agreement with its employees. The employees were represented by the Building and Construction General On-Site Union (BCGOSU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred around the terms of the proposed enterprise agreement and whether it complied with the applicable legal framework, particularly the Fair Work Act 2009. The Fair Work Commission was tasked with determining the fairness and compliance of the agreement.

The central legal issue before the Commission was whether the proposed enterprise agreement met the "better off overall test" (BOOT) as outlined in the Fair Work Act. This test requires that the agreement must provide employees with a minimum of 15% improvement in pay and conditions compared to the applicable award or registered agreement. Additionally, the Commission needed to assess if the agreement was made in good faith and if it complied with other statutory requirements, including procedural fairness and the avoidance of discrimination.

The Fair Work Commission found that the proposed agreement did meet the BOOT. The Commission considered the specific improvements in pay and conditions, as well as the broader context of the agreement. The Commission determined that the agreement provided employees with a net benefit, taking into account the overall terms and conditions. Additionally, the Commission found that the agreement was made in good faith and complied with all other statutory requirements. Therefore, the Commission approved the proposed enterprise agreement.

The Fair Work Commission issued its decision approving the Conzpec Civil Pty Ltd Enterprise Agreement 2013-2017, confirming that it met all legal requirements under the Fair Work Act. The Commission found that the agreement was fair and compliant, providing employees with a net benefit and being made in good faith. The approval of the agreement allows it to be implemented between the employer and employees, subject to any further industrial action or disputes that may arise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established