Indigenous Civil Group Pty Ltd Summary

[2023] FWCA 1190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Indigenous Civil Group Pty Ltd

(AG2023/1027)

INDIGENOUS CIVIL GROUP PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 APRIL 2023

Application for approval of the Indigenous Civil Group Pty Ltd & the Australian Workers Union Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Indigenous Civil Group Pty Ltd & the Australian Workers Union Agreement 2023 (Agreement).

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.

The Australian Workers’ 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 May 2023. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Indigenous Civil Group Pty Ltd applied for approval of a new enterprise agreement under the Fair Work Act 2009. The Australian Workers Union, as the bargaining representative, had negotiated the agreement with the employer. The application was made to the Fair Work Commission, which had the authority to assess and approve such agreements under the Act.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, particularly in relation to the provisions concerning employees' terms and conditions of employment. This involved assessing whether the agreement complied with the "better off overall test" and ensuring it contained all the minimum terms and conditions mandated by the Act.

In reaching its decision, the Commission considered the submissions of both parties and the broader implications of the agreement for the workforce. It examined the specific terms and conditions proposed in the agreement, including wages, working hours, and other employment-related matters. The Commission determined that the agreement did not meet the statutory requirements, particularly due to deficiencies in the provisions relating to wages and the overall benefit to employees. Consequently, the application for approval was dismissed.

The Fair Work Commission's final order was that the proposed agreement between Indigenous Civil Group Pty Ltd and the Australian Workers Union was not approved, and the application was dismissed. The Commission indicated that the parties should return to negotiations to address the deficiencies identified in the application.

Indigenous Civil Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established