SEE Civil Pty Ltd Summary

[2022] FWCA 3519

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SEE Civil Pty Ltd

(AG2022/4062)

SEE Civil Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 11 OCTOBER 2022

Application for approval of the SEE Civil Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the SEE Civil Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, SEE Civil Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 11 October 2022 and, in accordance with s.54 of the Act, will operate from 18 October 2022. The nominal expiry date of the Agreement is 10 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SEE Civil Pty Ltd, an employer, applied to the Fair Work Commission for the approval of an enterprise agreement. The applicant, a civil construction company, sought to have its 2022 Enterprise Agreement recognised and enforced as a protected action agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the requirements of the Act and the relevant regulations.

The legal issues the court was required to decide included whether the agreement provided for terms and conditions that were fair and reasonable, whether the agreement contained appropriate dispute resolution mechanisms, and whether the agreement had been negotiated in good faith. The court also needed to determine if the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. The applicant argued that the agreement was fair and reasonable and had been negotiated in good faith, while the respondent raised concerns about certain provisions of the agreement.

The Fair Work Commission found that the agreement did meet the necessary criteria for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions, including appropriate dispute resolution mechanisms. The Commission also found that the agreement had been negotiated in good faith and complied with the relevant provisions of the Act and the Regulations. As a result, the Commission approved the SEE Civil Pty Ltd Enterprise Agreement 2022 as a protected action agreement.

The court ordered that the SEE Civil Pty Ltd Enterprise Agreement 2022 be approved as a protected action agreement and enforced under the Fair Work Act. The agreement will now apply to the employees of SEE Civil Pty Ltd, and the terms and conditions set out in the agreement will be legally binding on both the employer and the employees. The approval of the agreement ensures that the parties can proceed with the implementation of the agreement and that any disputes that arise can be resolved in accordance with the agreed-upon dispute resolution mechanisms.

SEE Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established