Gleeson Civil Engineering Pty Ltd

[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

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.

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.

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.

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.

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.

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).

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gleeson Civil Engineering Pty Ltd applied to the Fair Work Commission for approval of the Gleeson Civil Engineering Pty Ltd and Employees Enterprise Agreement 2024-2027. The respondents, who included various trade unions, opposed the application on a number of grounds. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The key issue before the Commission was whether the agreement provided for the mandatory matters set out in section 235 of the Fair Work Act. The Commission needed to consider whether the agreement contained provisions that met the criteria for the minimum entitlements for employees, including wages, hours of work, leave, and other terms and conditions of employment. Additionally, the Commission had to assess whether the agreement provided for a genuine bargaining process and whether it was in the best interests of the employees.

The Commission found that the agreement did provide for the mandatory matters and was the product of genuine bargaining. The Commission noted that the agreement contained provisions for minimum wages, allowances, and other entitlements, as well as provisions for leave and other conditions of employment. The Commission also found that the agreement was in the best interests of the employees, as it provided for a number of benefits, including increased wages and improved working conditions. The Commission approved the agreement, subject to certain modifications to address the respondents' concerns.

The Commission ordered that the Gleeson Civil Engineering Pty Ltd and Employees Enterprise Agreement 2024-2027 be approved, subject to the modifications made by the Commission. The modifications included changes to the agreement's provisions on casual loading and shift differentials, as well as the inclusion of a clause on the protection of employees' personal information. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it come into effect on the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established