Robson Civil Projects Pty Ltd

[2020] FWCA 225

[2020] FWCA 225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Robson Civil Projects Pty Ltd
(AG2019/4264)

ROBSON CIVIL PROJECTS PTY LTD ENTERPRISE AGREEMENT, 2019-2022

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 16 JANUARY 2020

Application for approval of the Robson Civil Projects Pty Ltd Enterprise Agreement, 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Robson Civil Projects Pty Ltd Enterprise Agreement, 2019-2022 (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 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] 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.

[4] The Agreement lodged contained an error in the calculation of the wages subject to the wage increases at Appendix A1, B1 and C1. On 12 December 2019, the Applicant filed an amended version of the Agreement correcting this error. The Applicant submitted a statutory declaration declaring that the error occurred due to an incorrect formula used in the spreadsheet used to calculate the wage increases over the life of the Agreement. The Applicant further submitted that Appendix A1 did not account for a 50-cent increase to the CW4 Classification level that had been agreed to by the parties. The Applicant submitted a Summary document of the proposed changes to the Agreement which was issued to all employees and discussed at Toolbox talks which supports the contention that the rates in the abovementioned Appendix’s do not reflect the wages that were agreed to by the employer and employees covered by the Agreement. On 17 December 2019, four employee bargaining representatives advised my chambers that they agreed to the wages in the Appendix’s of the amended Agreement filed on 12 December 2019.

[5] Upon consideration of the above, I am satisfied that the correction to Appendix A1, B1 and C1 should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and in accordance with s.54, will operate from 23 January 2020. The nominal expiry date of the Agreement is 15 January 2024.

COMMISSIONER

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Annexure A