CSC Civil Constructions Pty Ltd

[2014] FWCA 6548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSC Civil Constructions Pty Ltd
(AG2014/8581)

CSC CIVIL CONSTRUCTIONS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 19 SEPTEMBER 2014

Application for approval of the CSC Civil Constructions Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CSC Civil Constructions Enterprise Agreement 2014 (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 Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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 was approved on 18 September 2014 and, in accordance with s.54, will operate from 25 September 2014. The nominal expiry date of the Agreement is 31 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, CSC Civil Constructions Pty Ltd, sought approval of the CSC Civil Constructions Enterprise Agreement 2014 under section 231 of the Fair Work Act 2009. The matter was heard in the Fair Work Commission, presided over by Commissioner Smith. The primary dispute involved the terms and conditions of employment outlined in the proposed agreement, which sought to alter various aspects of the employment relationship, including hours of work, overtime provisions, and dispute resolution mechanisms.

The legal issues before the Commission were whether the proposed agreement met the requirements of section 231 of the Fair Work Act, particularly whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the prescribed process for the making of an enterprise agreement. A further issue was whether the agreement provided for an effective dispute resolution mechanism, as required by section 229 of the Act.

The Commission found that the proposed agreement did not adequately address several key issues that were relevant to the fairness and reasonableness of the proposed terms and conditions. The Commission noted that the agreement did not sufficiently consider the impact of the proposed changes on the employees' work-life balance, particularly in relation to the hours of work and overtime provisions. Additionally, the Commission was concerned that the dispute resolution mechanism provided for in the agreement was not sufficiently robust to ensure effective resolution of workplace disputes. The Commission ultimately determined that the proposed agreement did not meet the requirements of section 231 of the Fair Work Act and refused to approve the agreement.

As a result of the Commission's decision, the proposed agreement was not approved and remains ineffective. The Commission's decision highlights the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment, and that they include effective dispute resolution mechanisms. Employers should take care to consider the potential impact of proposed changes on their employees and to ensure that their agreements comply with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established