Valley Civilab Pty Ltd T/A Hunter Civilab

[2024] FWCA 774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Valley Civilab Pty Ltd T/A Hunter Civilab

(AG2024/168)

HUNTER CIVILAB ENTERPRISE AGREEMENT - 2024

Manufacturing and associated industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 29 FEBRUARY 2024

Application for approval of Hunter Civilab Enterprise Agreement - 2024

Introduction

Valley Civilab Pty Ltd T/A Hunter Civilab (the Employer) has made an application for approval of an enterprise agreement known as the Hunter Civilab Enterprise Agreement - 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The notification time for the Agreement was 23 October 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The Agreement was made on 18 January 2024.

Section 190 Undertakings

The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2024. The nominal expiry date of the Agreement is 7 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valley Civilab Pty Ltd, trading as Hunter Civilab, sought approval of a proposed enterprise agreement. The application was brought before the Fair Work Commission. The dispute centred around whether the proposed agreement was fair and reasonable, meeting the criteria set out in the Fair Work Act 2009. Various stakeholders, including the company and employee representatives, presented their views on the agreement's provisions.

The primary legal issue before the Commission was whether the agreement provided for the fair and reasonable terms and conditions of employment. This involved assessing the proposed agreement against the 'better off overall test' and ensuring it met the requirements of the Fair Work Act. The Commission considered factors such as the agreement's impact on employee remuneration, conditions, and the balance of bargaining power between the parties.

The Commission found that the proposed enterprise agreement was fair and reasonable. It concluded that the agreement provided for better terms and conditions for employees overall, despite some detriments in specific areas. The Commission took into account the parties' bargaining positions, the nature of the proposed changes, and the broader context of the agreement. It was satisfied that the agreement met the statutory requirements and would promote harmonious, productive, and economic workplace relations.

The Fair Work Commission approved the Hunter Civilab Enterprise Agreement 2024, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established