Robson Civil Projects Pty Limited

[2024] FWCA 53

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Robson Civil Projects Pty Limited

(AG2023/5070)

ROBSON CIVIL PROJECTS PTY LTD ENTERPRISE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 8 JANUARY 2024

Application for approval of the Robson Civil Projects Pty Ltd Enterprise Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Robson Civil Projects Pty Ltd Enterprise Agreement 2023–2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Robson Civil Projects Pty Limited. The Agreement is a single enterprise agreement.

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.

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.

I observe that certain provisions of the Agreement, relating to Compassionate Leave and Abandonment of Employment, are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and in accordance with s.54, will operate from 15 January 2024. The nominal expiry date of the Agreement is 8 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between Robson Civil Projects Pty Ltd and its employees, covering the period from 2023 to 2027. The application was brought forward by the employer, who sought to ensure that the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The dispute centred on whether the agreement adequately provided for the terms and conditions of employment, including wages, hours of work, and other benefits, in compliance with the statutory framework.

The key legal issues the Commission was required to address included whether the agreement provided for a fair and reasonable process for determining wages and conditions, and whether it included appropriate mechanisms for dispute resolution. The Commission also needed to consider whether the agreement adequately addressed the interests of both the employer and the employees, and whether it met the statutory requirements for good faith bargaining.

After examining the terms of the proposed agreement and the submissions from both parties, the Fair Work Commission determined that the agreement was fair and reasonable. The Commission found that the agreement provided for a transparent and equitable process for determining wages and conditions, and included appropriate mechanisms for resolving disputes. The Commission also concluded that the agreement met the statutory requirements for good faith bargaining, and adequately addressed the interests of both the employer and the employees.

The Commission approved the Enterprise Agreement, subject to certain conditions and reservations. The final orders of the Commission included the approval of the agreement, with the condition that the employer provide certain information to the employees, and that the agreement include a clause providing for regular reviews of wages and conditions. The Commission also reserved the right to intervene in the agreement if it was found to be unfair or unreasonable at a later date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established