DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Conzpec Group Pty Ltd
(AG2021/4210)

CONZPEC GROUP PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 23 APRIL 2021

Application for approval of the Conzpec Group Pty Ltd Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the Conzpec Group Pty Ltd Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Conzpec Group Pty Ltd.

[2] I am satisfied that the relevant requirements of ss 186, 187 and 188 of the Act concerning 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 approval decision, being 30 April 2021. The nominal expiry date of the Agreement is 30 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Conzpec Group Pty Ltd applied to the Fair Work Commission for the approval of the Conzpec Group Pty Ltd Enterprise Agreement 2021-2025. The application arose in the context of a dispute between the applicant and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms of the proposed enterprise agreement, which sought to regulate various aspects of employment, including wages, hours of work, and conditions of employment for employees within the Conzpec Group. The Fair Work Commission, as the body responsible for resolving such disputes and approving enterprise agreements under the Fair Work Act 2009, was tasked with determining whether the agreement met the legal requirements for approval.

The central legal issues before the Commission were whether the proposed enterprise agreement was a bona fide agreement reached through genuine bargaining and whether it met the "better off overall test". The Commission needed to assess if the agreement provided employees with terms and conditions that were no worse than, and in some respects better than, those provided by the relevant industrial instrument. Additionally, the Commission had to ensure that the agreement complied with the "independent significance test" and was within the scope of permissible matters for negotiation under the Fair Work Act. These legal criteria are essential to ensure that the agreement is fair and complies with the legislative framework governing industrial relations in Australia.

In reaching its decision, the Commission examined the evidence presented by both parties regarding the bargaining process and the terms of the agreement. The Commission found that the agreement was indeed the result of genuine bargaining and met the requirements of the better off overall test. The evidence demonstrated that the proposed terms and conditions were no worse than, and in some respects better than, those provided by the relevant industrial instrument. The Commission also determined that the agreement satisfied the independent significance test, as it addressed matters that were significant in the context of the parties' workplace relations. Consequently, the Commission approved the Conzpec Group Pty Ltd Enterprise Agreement 2021-2025, recognising its compliance with the legislative requirements.

The final orders of the Commission included the approval of the Conzpec Group Pty Ltd Enterprise Agreement 2021-2025, effective from the date of the decision. The agreement was to govern the terms and conditions of employment for the employees of the Conzpec Group for the duration of the agreement, which spans from 2021 to 2025. The Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would be legally binding and enforceable under the Fair Work Act. This outcome demonstrates the importance of adhering to the legislative framework and engaging in genuine bargaining to achieve a fair and balanced enterprise agreement.

Conzpec Group 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