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

[2022] FWCA 3970

[2022] FWCA 3970

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4225)

CSC Civil Constructions Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 NOVEMBER 2022

Application for approval of the CSC Civil Constructions Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the CSC Civil Constructions Enterprise Agreement 2022 (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.

1. 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.

1. 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.

1. I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

·   Clause 7.3(b) – Casual Labour.

However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2022. The nominal expiry date of the Agreement is 11 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE518150  PR747850>

Annexure A