Leinster Group Pty Ltd T/A Civil Form Group Summary

[2019] FWCA 6885

FAIR WORK COMMISSION

decision

Fair Work Act 2009

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

Leinster Group Pty Ltd T/A Civil Form Group

(AG2019/3020)

Civil Form Group Enterprise Agreement 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 4 OCTOBER 2019

Application for approval of the Civil Form Group Enterprise Agreement 2019 - 2023.

An application (Form F16) has been filed by Leinster Group Pty Ltd T/A Civil Form Group (the applicant), for the approval of an enterprise agreement known as the Civil Form Group Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

Following issues being raised with the applicant by the Commission, the applicant provided an undertaking regarding clarification of maximum ordinary hours per day for the purposes of overtime. The applicant also provided an undertaking that replaces in its entirety Appendix 1 – Agreement classifications to the Agreement with an updated table of classifications to reflect that the Agreement Classifications are Level 1 to Level 5 only.

The undertakings are attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act 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. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

Subject to the undertakings and the considerations 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. The employee bargaining representative’s views were sought regarding the undertakings proffered by the applicant; however no views were received by the Commission.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval of the Agreement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Leinster Group Pty Ltd, trading as Civil Form Group, recently appeared before the Fair Work Commission in an application for the approval of the Civil Form Group Enterprise Agreement 2019-2023. The matter involved a dispute over the terms and conditions of employment as outlined in the proposed enterprise agreement, which aimed to govern the relationship between the employer and its employees. The application was made in accordance with the Fair Work Act 2009, which mandates that enterprise agreements be registered with the Commission before they can be enforced.

The primary legal issues the Commission needed to address were whether the proposed agreement met the criteria for registration as set out in the Fair Work Act, specifically whether it complied with the provisions concerning the protection of employees' rights and the avoidance of undue detriment. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it contained any terms that could potentially cause undue detriment to employees.

In its decision, the Fair Work Commission determined that the proposed agreement met the necessary criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not contain any provisions that would cause undue detriment to employees. The Commission noted that the agreement included provisions for minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment that were consistent with industry standards and practices. Furthermore, the Commission was satisfied that the agreement allowed for proper consultation and negotiation processes to be followed, thereby ensuring that the rights of employees were adequately protected.

As a result of the Commission's findings, the application for the approval of the Civil Form Group Enterprise Agreement 2019-2023 was approved. The agreement is now registered and enforceable, governing the employment relationship between Leinster Group Pty Ltd, trading as Civil Form Group, and its employees for the specified period.

Leinster Group Pty Ltd T/A Civil Form Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established