Ford Civil Contracting Pty Ltd

[2023] FWCA 373

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ford Civil Contracting Pty Ltd

(AG2023/7)

FORD CIVIL CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2022 - 2026

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 FEBRUARY 2023

Application for approval of the Ford Civil Contracting Pty Ltd Enterprise Agreement 2022 - 2026

An application has been made for approval of an enterprise agreement known as the Ford Civil Contracting Pty Ltd Enterprise Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ford Civil Contracting Pty Ltd. The Agreement is a single enterprise agreement.

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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the provided undertakings, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement was approved on 8 February 2023 and, in accordance with s.54, will operate from 15 February 2023. The nominal expiry date of the Agreement is 8 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Ford Civil Contracting Pty Ltd, applied for the approval of an enterprise agreement between the company and its employees. The agreement, spanning from 2022 to 2026, aimed to outline the terms and conditions of employment for the workers, including wages, working hours, and dispute resolution mechanisms. The legal issues before the Commission involved assessing whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions.

The Commission examined the application, focusing on whether the agreement complied with the good faith bargaining and Fair Work provisions. Key issues included whether the proposed terms adequately reflected the interests of both parties, whether the agreement was made without coercion, and whether it provided for procedural fairness. The Commission also assessed whether the agreement met the 'better-off, overall test', ensuring that employees were not worse off under the agreement compared to their previous terms of employment. Additionally, the Commission considered if the agreement allowed for necessary flexibility and productivity improvements while maintaining a fair balance of interests.

After reviewing the submissions and evidence presented, the Commission found that the Ford Civil Contracting Pty Ltd Enterprise Agreement 2022-2026 met the statutory requirements. The agreement was deemed to be made in good faith, was fair and reasonable, and met the better-off, overall test. The Commission noted that the proposed terms provided for a balanced approach, addressing the interests of both the employer and the employees effectively. Consequently, the application for approval was granted, and the agreement was registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established