DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cedar Creek Constructions Pty Ltd
(AG2020/2529)

CEDAR CREEK CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 16 SEPTEMBER 2020

Application for approval of the Cedar Creek Constructions Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Cedar Creek Constructions Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cedar Creek Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] On 1 September 2020 the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) contacted the Commission and requested that it be provided with documentation in relation to the Agreement. In accordance with its usual practice the Commission did so on 4 September 2020. On 11 September 2020, my Chambers emailed the CFMMEU indicating that I was inclined to approve the Agreement. On 15 September 2020, the CFMMEU advised that it no longer wished to be heard in relation to the approval of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2020. The nominal expiry date of the Agreement is 22 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cedar Creek Constructions Pty Ltd applied for the approval of an enterprise agreement under the Fair Work Act 2009. The dispute arose between Cedar Creek Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The Fair Work Commission, specifically the Full Bench, presided over the matter. The key legal issues before the Commission were whether the enterprise agreement met the criteria for approval under the Fair Work Act, specifically focusing on whether the agreement allowed for genuine bargaining, and whether it complied with the Fair Work Act's requirements for terms and conditions of employment.

The Commission carefully examined the evidence presented by both parties. It considered whether the agreement was genuinely negotiated and if the process involved sufficient consultation and consideration of the parties' interests. The Commission also assessed whether the agreement provided for fair and reasonable terms and conditions, in line with the provisions of the Fair Work Act. After thorough analysis, the Full Bench found that the agreement did meet the necessary criteria and was approved the agreement. The decision highlighted the importance of genuine negotiation and the need for fair terms and conditions in enterprise agreements.

The Fair Work Commission approved the Cedar Creek Constructions Pty Ltd Enterprise Agreement 2020 - 2024, finding it to be genuinely negotiated and compliant with the Fair Work Act. The Commission's decision underscored the importance of fair and reasonable terms in enterprise agreements and the necessity for genuine bargaining processes. The approval of the agreement signified the Commission's recognition of the agreement as a fair and reasonable set of terms and conditions for the employees covered by the agreement.

Cedar Creek Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established