DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port Civil Group Pty Ltd
(AG2017/4283)

PORT CIVIL GROUP PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 FEBRUARY 2018

Application for approval of the Port Civil Group Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Port Civil Group Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Port Civil Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 is approved and, in accordance with s.54 of the Act, will operate from 9 February 2018. The nominal expiry date of the Agreement is 1 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Port Civil Group Pty Ltd applied for approval of its Enterprise Agreement 2017. The respondent was the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute concerned the terms of the proposed agreement, which sought to establish a new enterprise-wide classification system for employees, replacing the existing one. The application was heard in the Fair Work Commission.

The central legal issue was whether the proposed agreement met the requirements of section 233 of the Fair Work Act 2009, particularly in relation to procedural fairness. The CFMEU argued that the process leading to the agreement was flawed and that employees were not adequately consulted. The company maintained that the process was fair and that the agreement was in the best interests of its employees.

The Commission found that the process was generally fair, and the agreement was consistent with the requirements of the Act. The CFMEU's concerns about procedural fairness were not substantiated. The Commission noted that the agreement provided for a transparent and efficient classification system, which was likely to benefit employees. The application was approved, and the Enterprise Agreement 2017 was registered.

The Commission ordered the registration of the Port Civil Group Pty Ltd Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be given effect as a registered agreement under the Fair Work Act. The CFMEU was directed to give notice of the registration to its members and the company. The decision concluded that the agreement met the statutory requirements and was in the best interests of the employees.

Port Civil Group 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