Robson Civil Projects Pty Ltd Summary

[2014] FWCA 6975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Robson Civil Projects Pty Ltd
(AG2014/8860)

ROBSON CIVIL PROJECTS PTY LTD NCIG CET FLYOVER CONSTRUCTION PROJECT ENTERPRISE AGREEMENT 2014 - 2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 OCTOBER 2014

Application for approval of the Robson Civil Projects Pty Ltd NCIG CET Flyover Construction Project Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known asthe Robson Civil Projects Pty Ltd NCIG CET Flyover Construction Project Enterprise Agreement 2014 - 2016 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Robson Civil Projects Pty Ltd NCIG CET Flyover Construction Project Enterprise Agreement 2014 - 2016. The applicant, the employer, sought the approval of the agreement as a modern award to govern the employment of its employees during the construction of a flyover project. The respondents, the employees, did not oppose the application.

The legal issues before the Commission centred on whether the proposed agreement met the criteria for approval as a modern award under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for terms and conditions of employment that were at least equal to or better than the applicable award, and if it was compliant with the process requirements for modern agreements.

The Commission found that the proposed agreement satisfied the criteria for approval. The agreement provided for terms and conditions that were at least equal to the applicable award, including minimum wages, penalty rates, and leave entitlements. Furthermore, the agreement had been negotiated in good faith, and the process for seeking employee views and reaching agreement had been appropriately followed. The Commission noted that the agreement contained provisions for consultation and dispute resolution, which were additional to those in the award. The Commission was satisfied that the proposed agreement was a genuine modern award and approved it accordingly.

The Commission made an order approving the Robson Civil Projects Pty Ltd NCIG CET Flyover Construction Project Enterprise Agreement 2014 - 2016 as a modern award. The agreement is now the applicable terms and conditions of employment for the employees covered by the agreement during the construction of the flyover project.

Robson Civil Projects Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established