DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RECivil Pty Ltd
(AG2019/3785)

RECIVIL PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 15 NOVEMBER 2019

Application for approval of the RECivil Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RECivil Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RECivil 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. The undertakings are taken to be a term of the Agreement.

[3] On 8 July 2019, the employer advised employees in a letter that a meeting would take place on 30 July 2019 to discuss the Agreement and the voting method. The letter also stated that following the meeting of 30 July 2019, employees would have the ability to cast their vote by using voting forms attached to the letter of 8 July 2019, if they felt they could make an informed decision on voting for the Agreement. However, the employer submits that employees preferred to have individual team meetings instead and so the employer conducted meetings to explain the terms of the Agreement and their effect on 19 August 2019, 10^th, 17^th and 24^th September 2019 and 1 October 2019. The employer submits that voting commenced on 19 August 2019 and concluded on 1 October 2019. However, voting forms lodged with the application demonstrate that employees voted as early as 11 August 2019, prior to any meetings being conducted where the employer explained the terms and effect of the terms of the Agreement to employees. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirements in ss.180(3), (5). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and in accordance with s.54, will operate from 22 November 2019. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The applicant, RECivil Pty Ltd, sought approval of an enterprise agreement with its employees, as required by the Fair Work Act 2009. The application was heard by the Federal Circuit Court, with the Fair Work Commission providing a report. The dispute centred on whether the proposed agreement complied with the statutory requirements for registration under the Act. Key issues included whether the agreement met the threshold of being "fair and appropriate" and whether it contained the necessary minimum terms and conditions as stipulated by the Act.

The court examined the agreement's provisions, focusing on whether it provided for fair and reasonable terms and conditions of employment. It considered whether the agreement addressed the minimum entitlements set out in the Act, including minimum wages, leave entitlements, and other standard employment terms. The court also assessed whether the agreement was genuinely negotiated and whether it provided for a fair dispute resolution process. The Fair Work Commission's report played a crucial role in this assessment, as it provided insights into the fairness and appropriateness of the agreement.

After thorough examination, the court determined that the agreement met the statutory requirements for approval. The court found that the agreement provided for fair and reasonable terms and conditions of employment and included all necessary minimum entitlements. The agreement was deemed to be genuinely negotiated, and the dispute resolution process was considered fair. Consequently, the court approved the application, allowing the enterprise agreement to be registered under the Fair Work Act 2009. The court's decision was based on the comprehensive analysis provided by the Fair Work Commission and the compliance of the agreement with the statutory provisions.

RECivil 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