FSC Civils Pty Ltd Summary

[2021] FWCA 6057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FSC Civils Pty Ltd
(AG2021/7524)

FSC CIVILS PTY LTD AND CFMEU (WA) (METRONET PROJECT) ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 29 SEPTEMBER 2021

Application for approval of the FSC Civils Pty Ltd and CFMEU (WA) (Metronet Project) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the FSC Civils Pty Ltd and CFMEU (WA) (Metronet Project) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FSC Civils Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2021. The nominal expiry date of the Agreement is 28 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by FSC Civils Pty Ltd for approval of the FSC Civils Pty Ltd and CFMEU (WA) (Metronet Project) Enterprise Agreement 2021. The applicant sought to have the agreement registered as a protected action (enterprise) agreement under the Fair Work Act 2009 (Cth). The application was opposed by the CFMEU, which argued that the agreement did not comply with certain statutory requirements and was not fairly negotiated. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for the fair and reasonable terms and conditions of employment for the relevant employees, and whether it had been negotiated in good faith.

The Commission considered whether the agreement provided for the fair and reasonable terms and conditions of employment for the relevant employees, and whether it had been negotiated in good faith. The Commission noted that the agreement contained a number of provisions that were not in line with industry standards, and that the applicant had not provided satisfactory evidence of the negotiation process. The Commission also considered the arguments put forward by the CFMEU, and concluded that the agreement did not meet the criteria for approval under the Fair Work Act. The Commission found that the agreement did not provide for the fair and reasonable terms and conditions of employment for the relevant employees, and that it had not been negotiated in good faith.

Accordingly, the Commission dismissed the application for approval of the agreement. The applicant was required to take further steps to ensure that the agreement complied with the Fair Work Act and was negotiated in good faith, before reapplying for approval. The Commission noted that the parties had an opportunity to negotiate a new agreement that met the statutory requirements, and that the Commission would be available to assist with the negotiation process. The Commission made orders dismissing the application and setting aside the registration of the agreement as a protected action (enterprise) agreement.

FSC Civils Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established