DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gleeson Civil Engineering Pty Ltd
(AG2018/6842)

GLEESON CIVIL ENGINEERING PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 2 MAY 2019

Application for approval of the Gleeson Civil Engineering Pty Ltd and Employees Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Gleeson Civil Engineering Pty Ltd and Employees Enterprise Agreement 2019-2023 (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 Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement was approved on 2 May 2019 and, in accordance with s.54, will operate from 9 May 2019. The nominal expiry date of the Agreement is 1 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gleeson Civil Engineering Pty Ltd applied to the Fair Work Commission for the approval of the Gleeson Civil Engineering Pty Ltd and Employees Enterprise Agreement 2019-2023. The respondents to the application were various unions that had a concern that the agreement did not adequately protect the rights of employees. The matter was heard by the Fair Work Commission, with Commissioner McCabe presiding. The central legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided adequate protections for the employees' rights.

The Commission examined the provisions of the agreement to determine whether it complied with the formal requirements for enterprise agreements, including the provision of a certificate of no objection from the Australian Building and Construction Commission. The Commission also assessed whether the agreement contained minimum terms and conditions that were not less favourable than those provided by the relevant industrial instrument or the national system of minimum wages and conditions. The unions argued that certain provisions in the agreement were detrimental to the employees' rights, particularly regarding pay rates and conditions. However, Gleeson Civil Engineering Pty Ltd maintained that the agreement was fair and reasonable, and it provided better protections for employees than the applicable awards.

After careful consideration, the Commission determined that the agreement met all statutory requirements and contained minimum terms and conditions that were not less favourable than those provided by the relevant industrial instrument or the national system of minimum wages and conditions. The Commission found that the agreement provided adequate protections for the employees' rights and was fair and reasonable. Consequently, the application for approval of the Gleeson Civil Engineering Pty Ltd and Employees Enterprise Agreement 2019-2023 was approved. Gleeson Civil Engineering Pty Ltd was ordered to provide the approved agreement to the Fair Work Ombudsman for registration.

Gleeson Civil Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established