DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSC Civil Constructions (Aust) Pty Ltd T/A CSC Civil Constructions
(AG2018/6691)

CSC CIVIL CONSTRUCTIONS ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 18 FEBRUARY 2019

Application for approval of the CSC Civil Constructions Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CSC Civil Constructions Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSC Civil Constructions (Aust) Pty Ltd T/A CSC Civil Constructions. 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, 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 25 February 2019. The nominal expiry date of the Agreement is 29 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved CSC Civil Constructions (Aust) Pty Ltd, trading as CSC Civil Constructions, and the Construction, Forestry, Maritime, Mining and Energy Union. The matter concerned an application for the approval of the CSC Civil Constructions Enterprise Agreement 2018. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the enterprise agreement was made in accordance with the procedural requirements of the Act and whether it met the substantive criteria for approval, including provisions on minimum wages and conditions, employee entitlements, and dispute resolution mechanisms. The Commission also had to consider if the agreement adequately represented the interests of the employees and employers involved.

The Fair Work Commission found that the application for approval was valid and that the agreement was made in accordance with the procedural requirements of the Act. The Commission examined the various provisions of the agreement and concluded that they complied with the necessary standards, including provisions for minimum wages, employee entitlements, and effective dispute resolution mechanisms. The Commission determined that the agreement was fair and balanced, representing the interests of both employees and employers adequately. Consequently, the Fair Work Commission approved the CSC Civil Constructions Enterprise Agreement 2018.

The Fair Work Commission's decision was that the application for approval of the CSC Civil Constructions Enterprise Agreement 2018 was granted. This approval signifies that the agreement is now legally binding on the parties involved and will govern the employment conditions for the employees covered by the agreement.

CSC Civil Constructions (Aust) Pty Ltd T/A CSC Civil Constructions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established