Force Civil Pty Ltd Summary

[2024] FWCA 858

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Force Civil Pty Ltd

(AG2024/452)

FORCE CIVIL PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 8 MARCH 2024

Application for approval of the Force Civil Pty Ltd & The Australian Workers’ Union Agreement 2024.

An application has been made for approval of a greenfields agreement known as the Force Civil Pty Ltd & The Australian Workers’ Union Agreement 2024 (the Agreement). The application was made by Force Civil Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2024. The nominal expiry date of the Agreement is 28 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Force Civil Pty Ltd for approval of an enterprise agreement with The Australian Workers’ Union. The application was made under the Fair Work Act 2009, seeking the Commission's approval for the terms of the agreement which aimed to govern the employment conditions of the company's workers. The dispute centred on whether the agreement met the requirements of the Act, particularly concerning the procedural fairness and the substantive fairness of the agreement's provisions.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it contained the necessary "no disadvantage" test. The Commission had to determine if the agreement was made in good faith and if it provided for fair terms and conditions of employment without disadvantaging employees. The company argued that the agreement was the product of genuine negotiations and was fair and reasonable. The union supported these claims, providing evidence of the negotiation process and the content of the agreement. The Commission needed to carefully consider the evidence presented regarding the negotiation process and the substantive terms of the agreement.

In assessing the application, the Commission examined the evidence of the negotiation process and the fairness of the agreement's terms. The Commission found that the negotiations were conducted in good faith and that the agreement reflected the outcomes of these negotiations. The Commission also determined that the agreement satisfied the "no disadvantage" test, meaning that it did not disadvantage employees in comparison to their previous conditions or the relevant award. Given these findings, the Commission approved the application, concluding that the agreement met the statutory requirements for approval.

The Commission's final order was that the Force Civil Pty Ltd & The Australian Workers’ Union Agreement 2024 be approved. The approval was granted on the condition that the agreement would come into effect from the date of the decision, providing certainty and stability for both the employer and the employees involved.

Force Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established