DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Robson Civil Projects Pty Ltd
(AG2015/7779)

ROBSON CIVIL PROJECTS PTY LTD ENTERPRISE AGREEMENT, 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 FEBRUARY 2016

Application for approval of the Robson Civil Projects Pty Ltd Enterprise Agreement, 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Robson Civil Projects Pty Ltd Enterprise Agreement, 2015-2018 (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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 4 February 2016 and, in accordance with s.54, will operate from 11 February 2016. The nominal expiry date of the Agreement is 4 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of an application for approval of the Robson Civil Projects Pty Ltd Enterprise Agreement, 2015-2018, was before Commissioner Smith. The applicant, a construction company, sought approval for the enterprise agreement, which was to govern the employment terms of its employees for the specified period. The agreement was negotiated between the company and a union representing the employees.

The legal issues before the commission included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the process by which it was made and the terms of the agreement itself. The commission had to determine whether the agreement was fairly and genuinely negotiated, and if it contained terms that were reasonable and fair for the employees.

Commissioner Smith considered the evidence presented regarding the negotiation process and the terms of the agreement. The commission found that the agreement was made in good faith and was not made under duress or in a coercive environment. The terms of the agreement were deemed to be fair and reasonable, taking into account the economic context and the interests of both the employer and the employees. The commission approved the agreement, noting the importance of maintaining harmonious workplace relations and the benefits of having a clear and agreed-upon set of terms and conditions.

The final orders of the commission were that the Robson Civil Projects Pty Ltd Enterprise Agreement, 2015-2018, be approved as meeting the requirements of the Fair Work Act 2009, and that it be registered with the Fair Work Commission. The agreement was to commence on the date of the approval and be in effect until the end of the specified period, or until terminated or varied in accordance with its terms.

Robson Civil Projects 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