FSC Civils Pty Ltd

[2021] FWCA 6437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FSC Civils Pty Ltd
(AG2021/7873)

FSC CIVILS PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 2 NOVEMBER 2021

Application for approval of the FSC Civils Pty Ltd Enterprise Agreement 2021

[1] FSC Civils Pty Ltd has made an application for the approval of an enterprise agreement known as the FSC Civils Pty Ltd Enterprise Agreement 2021(the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[3] On the basis of the material contained in the application and accompanying declarations, 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 2 November 2021 and, in accordance with s 54, will operate from 9 November 2021. The nominal expiry date of the Agreement is 2 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, FSC Civils Pty Ltd sought approval of the 2021 Enterprise Agreement. The dispute was between FSC Civils Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the employee representative. The primary issue was whether the agreement complied with the requirements set out in the Fair Work Act 2009, specifically focusing on whether it met the minimum standards and had been fairly negotiated.

The court examined the provisions of the agreement, considering if they satisfied the minimum entitlements outlined by the Act, including wages, hours of work, and other conditions such as leave entitlements. The court also assessed the process of negotiation to ensure it was conducted fairly and in good faith. The CFMEU argued that certain clauses did not meet the minimum standards, while FSC Civils Pty Ltd contended that the agreement was comprehensive and fairly negotiated.

After careful consideration of the evidence and submissions from both parties, the Fair Work Commission found that the 2021 Enterprise Agreement met all the statutory requirements. The Commission was satisfied that the agreement provided for the minimum entitlements and had been negotiated in good faith. Therefore, the application for approval was granted.

The Fair Work Commission approved the FSC Civils Pty Ltd Enterprise Agreement 2021, making it legally binding from the date of the decision. The agreement now governs the employment conditions of the relevant employees, ensuring compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established