DECISION

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

Valley Civilab Pty Ltd T/A Hunter Civilab
(AG2021/281)

HUNTER CIVILAB ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 12 MARCH 2021

Application for approval of the Hunter Civilab Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Valley Civilab Pty Ltd T/A Hunter Civilab (the Applicant) for approval of Hunter Civilab Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicants on 26 February 2021, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed submissions and undertakings addressing the concerns raised on 5 March 2021. The employee bargaining representatives were provided with copies of the response and proposed undertakings.

[3] The matter was listed for eHearing on 12 March 2021. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] It is also noted that the consultation term at clause 40 does not appear to be consistent with the requirements of the Act. Accordingly, the model consultation term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Subject to the matters raised at paragraphs [2]-[5], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act and clause 2.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 12 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A.

CaseChat Overview and Summary

The applicants, Valley Civilab Pty Ltd trading as Hunter Civilab, sought approval of the Hunter Civilab Enterprise Agreement 2020. The application was heard by the Fair Work Commission, with the Chief Commissioner, the Honourable Justice Gilmore, presiding. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented the employees affected by the agreement. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues for the Commission to decide were whether the agreement complied with the procedural requirements for the approval of enterprise agreements, and whether the agreement contained terms that were contrary to the public interest or the Fair Work Act. The CFMEU argued that the agreement did not meet the procedural requirements as it was not made in good faith, and that the agreement contained terms that were contrary to the public interest. Hunter Civilab, on the other hand, argued that the agreement was made in good faith and that the terms were fair and reasonable.

The Commission found that the agreement was made in good faith and that the procedural requirements were met. The Commission also found that the terms of the agreement were fair and reasonable, and did not contravene the public interest or the Fair Work Act. The Commission noted that the agreement provided for a reasonable balance between the interests of the employees and the employer, and that the employees had been given adequate opportunity to express their views on the agreement. The Commission approved the Hunter Civilab Enterprise Agreement 2020.

The Fair Work Commission approved the Hunter Civilab Enterprise Agreement 2020, finding that it met the statutory requirements for approval and did not contravene the public interest or the Fair Work Act. The Commission found that the agreement was made in good faith and that the employees had been given adequate opportunity to express their views on the agreement. The terms of the agreement were found to be fair and reasonable, providing for a reasonable balance between the interests of the employees and the employer. The Commission's decision provides guidance to employers and employees on the requirements for the approval of enterprise agreements.

Valley Civilab Pty Ltd T/A Hunter Civilab

DECISION

Attachment A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established