Terra Civil Pty Limited Summary

[2022] FWCA 3964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Terra Civil Pty Limited

(AG2022/4572)

Terra Civil Pty Ltd Enterprise Agreement 2022-2026

Building and construction industry
COMMISSIONER MCKINNON	SYDNEY, 11 NOVEMBER 2022

Application for approval of the Terra Civil Pty Ltd Enterprise Agreement 2022-2026

Terra Civil Pty Limited has applied for approval of a single enterprise agreement known as the Terra Civil Pty Ltd Enterprise Agreement 2022-2026 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 18 November 2022. The nominal expiry date of the Agreement is 11 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Terra Civil Pty Limited recently came before the Fair Work Commission, where the company sought approval for its proposed Enterprise Agreement for the period 2022-2026. The primary dispute centred around the terms and conditions set forth in the agreement, particularly those concerning pay rates, working hours, and other employment conditions. The Commission was tasked with ensuring that the agreement complied with the Fair Work Act 2009 and was fair and reasonable in all its aspects.

The legal issues at the core of this matter involved verifying whether the proposed terms met the statutory requirements of the Fair Work Act, including the "better-off, worse-off" test, and whether they were fair and reasonable in terms of both the employees' and the employer's interests. The Commission had to assess the balance of benefits and detriments that the agreement would bring to the employees, while also considering the operational needs of the company. Additionally, the Commission needed to ensure that the agreement did not unfairly discriminate against any group of employees and that it adhered to the principles of good faith bargaining.

After careful consideration, the Commission found that the proposed Enterprise Agreement was fair and reasonable. The agreement was deemed to comply with all statutory requirements, including the better-off, worse-off test, and it was concluded that it would not result in any party being worse off overall. The Commission was satisfied that the agreement balanced the interests of both the employees and the employer effectively, and it did not contain any provisions that would unfairly discriminate against any group of employees. Consequently, the Fair Work Commission approved the Terra Civil Pty Ltd Enterprise Agreement 2022-2026.

Terra Civil Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established