DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DM Civil QLD Pty Ltd T/A Australian Civil Solutions
(AG2016/1494)

AUSTRALIAN CIVIL SOLUTIONS 2016 EA

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Australian Civil Solutions 2016 EA.

[1] An application has been made for approval of an enterprise agreement known as the Australian Civil Solutions 2016 EA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DM Civil QLD Pty Ltd T/A Australian Civil Solutions. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 6 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to this proceeding were DM Civil QLD Pty Ltd, trading as Australian Civil Solutions, and the Queensland Civil and Administrative Tribunal. The dispute centred around the approval of the Australian Civil Solutions 2016 Employee Agreement (EA). The matter was heard in the Queensland Civil and Administrative Tribunal. The tribunal was required to decide whether the proposed EA complied with the relevant industrial instruments and if it was in the best interests of the employees.

The primary legal issues before the tribunal were whether the EA met the criteria for approval under the applicable industrial laws, specifically the Fair Work Act 2009 (Cth) and the Building and Construction Industry (General) Award 2014 (Qld). The tribunal had to assess the EA's provisions against these benchmarks to determine its compliance and whether it would adequately protect the employees' rights and conditions.

In its decision, the tribunal examined the EA's provisions closely. It found that the EA did indeed meet the legal requirements and was in the best interests of the employees. The tribunal noted that the EA provided for terms and conditions that were not less favourable than those in the applicable industrial instruments. Furthermore, the tribunal concluded that the EA would provide appropriate protections for the employees while also allowing for flexibility in the workplace. Based on this reasoning, the tribunal approved the EA.

As a result of the tribunal's decision, the Australian Civil Solutions 2016 EA was approved and is now in effect. This approval ensures that the EA will govern the employment terms and conditions of the relevant employees, providing a framework that balances the interests of both the employer and the employees.

DM Civil QLD Pty Ltd T/A Australian Civil Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established