Gleeson Civil Engineering Pty Ltd

[2024] FWCA 1433

[2024] FWCA 1433

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Gleeson Civil Engineering Pty Ltd

(AG2024/946)

GLEESON CIVIL ENGINEERING PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 19 APRIL 2024

Application for approval of the Gleeson Civil Engineering Pty Ltd and Employees Enterprise Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the Gleeson Civil Engineering Pty Ltd and Employees Enterprise Agreement 2024-2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gleeson Civil Engineering Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. I note that content of the Notice of Employee Representational Rights (NERR) provided to employees differs from that required by s.174(1A) of the Act and Regulation 2.05 in that it includes the name of the Applicant’s construction manager at the end of the document. The Applicant also accepted that the request to employees to approve the agreement was made 20 days after the last NERR was given to employees[1]. The Applicant submitted that these were minor procedural or technical errors within the meaning of s.188(5) and that employees were not likely to have been disadvantaged by the errors. I accept that to be the case and accordingly propose to disregard those errors.

1. The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

1. I note that the undertakings provided include a provision that has the effect that where there is an inconsistency between the terms of the Agreement and the National Employment Standards (NES), the more beneficial entitlements in the NES in the Act will prevail to the extent of the inconsistency.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 19 April 2028.

DEPUTY PRESIDENT

Annexure A

[1] See s.181(2).

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