DECISION

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

Select Civil Pty Limited
(AG2020/3193)

SELECT CIVIL PTY LIMITED (LAND FILL OPERATION) ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 DECEMBER 2020

Application for approval of the Select Civil Pty Limited (Land Fill Operation) Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement to be known as the Select Civil Pty Limited (Land Fill Operation) Enterprise Agreement 2019-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Select Civil Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 10 December 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-Site Award 2010, and the Waste Management Award 2020 respectively), and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Select Civil Pty Limited, sought approval of an enterprise agreement in relation to their landfill operation, covering the period from 2019 to 2022. The respondents, who were the employees, opposed the approval of the agreement on various grounds, including concerns about the process and fairness of the agreement. The case was heard in the Fair Work Commission.

The central legal issue in the case was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith and whether it adhered to the procedural and substantive fairness standards. Additionally, the court had to determine if the process through which the agreement was negotiated and finalised was appropriate and fair.

In its decision, the Commission considered the evidence presented by both parties and examined the agreement in detail. It found that the process by which the agreement was negotiated was generally fair and that the agreement itself complied with the relevant statutory provisions. The Commission was satisfied that the agreement was made in good faith and that it did not contravene the requirements of procedural and substantive fairness. Consequently, the Commission approved the Select Civil Pty Limited (Land Fill Operation) Enterprise Agreement 2019-2022.

The Fair Work Commission approved the enterprise agreement, thereby resolving the dispute in favour of the applicants. This decision sets a precedent for similar cases and provides clarity on the requirements for approving enterprise agreements in the context of landfill operations.

Select Civil Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established