North - Vic Constructions Pty Ltd - [2021] FWCA 7032

[2021] FWCA 7032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North - Vic Constructions Pty Ltd
(AG2021/8516)

NORTH VIC CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 10 DECEMBER 2021

Application for approval of the North Vic Constructions Pty Ltd Enterprise Agreement 2022.

[1] North - Vic Constructions Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the North Vic Constructions Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[4] The Agreement was approved on 10 December 2021 and, in accordance with s. 54, will operate from 17 December 2021. The nominal expiry date of the Agreement is 10 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the North Vic Constructions Pty Ltd Enterprise Agreement 2022, with the company and the Construction, Forestry, Maritime, Mining and Energy Union as the parties involved. The agreement in question was set to govern the terms and conditions of employment for various employees within the company. The crux of the dispute was whether the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009, and whether it adhered to the principles of good faith bargaining and the protection of employee rights.

The legal issues that the commission needed to address included the validity of the agreement's provisions concerning wages, working hours, leave entitlements, and dispute resolution mechanisms. Additionally, the commission had to ensure that the agreement did not contain any clauses that could be considered contrary to the public interest or detrimental to the employees' rights. The union argued that certain provisions of the agreement did not adequately protect employees, while the company maintained that the agreement was fair and balanced.

Upon review, the commission found that the majority of the agreement's provisions were in line with the statutory requirements and the principles of good faith bargaining. The commission noted that while there were some minor concerns regarding certain clauses, these did not significantly detract from the overall fairness of the agreement. Consequently, the commission approved the enterprise agreement, subject to minor amendments to address the identified issues. These amendments were intended to ensure that the agreement more effectively protected employee rights without compromising the operational needs of the company.

The final orders of the commission included the approval of the enterprise agreement, with specific directions for the amendment of certain clauses to better align with the principles of fairness and good faith bargaining. The commission also directed that the amended agreement be provided to all affected employees and that any disputes arising from the agreement be resolved through the agreed-upon dispute resolution process.

North - Vic Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established