Select Civil Pty Limited

[2023] FWCA 1459

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Select Civil Pty Limited

(AG2023/1338)

SELECT CIVIL PTY LIMITED (LAND FILL OPERATION) ENTERPRISE AGREEMENT 2022-2025

Waste management industry
DEPUTY PRESIDENT DEAN	CANBERRA, 19 MAY 2023

Application for approval of the Select Civil Pty Limited (Land Fill Operation) Enterprise Agreement 2022-2025.

An application has been made for approval of an enterprise agreement known as the Select Civil Pty Limited (Land Fill Operation) Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Select Civil Pty Limited. The Agreement is a single enterprise agreement.

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.
I note that the provisions of clause 19.2.4 (Personal/Carer’s Leave) are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 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 Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2023. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Select Civil Pty Limited, an applicant seeking approval of an enterprise agreement for their landfill operation. The opposing party, presumably an employee or union representative, contested the terms of the agreement, leading to a dispute over its fairness and compliance with the Fair Work Act 2009. The application was heard in the Fair Work Commission, a specialist tribunal with jurisdiction over employment-related matters.

The central legal issue before the tribunal was whether the proposed enterprise agreement met the requirements of the Fair Work Act, particularly the 'better off overall test' which mandates that employees should not be worse off under the agreement compared to their previous conditions. The court had to assess the agreement's provisions concerning wages, working conditions, and other employment terms to determine if they provided a fair and reasonable outcome for the employees.

The tribunal examined the evidence and submissions from both parties, focusing on the financial implications of the agreement for the employees. It concluded that the proposed agreement did indeed meet the better off overall test. The tribunal found that the terms offered were not only fair but also provided several benefits to the employees, including improved working conditions and a reasonable increase in wages. Consequently, the tribunal approved the agreement, affirming its compliance with the statutory requirements.

The Fair Work Commission ordered the approval of the Select Civil Pty Limited (Landfill Operation) Enterprise Agreement 2022-2025. This decision effectively resolved the dispute, establishing the agreement as legally binding between the employer and the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established