Cedar Creek Constructions Pty Ltd

[2013] FWCA 427

FAIR WORK COMMISSION

DECISION

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

Cedar Creek Constructions Pty Ltd
(AG2012/14414)

CEDAR CREEK CONSTRUCTIONS PTY. LTD ENTERPRISE AGREEMENT 2012 - 2016

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 21 JANUARY 2013

Application for approval of the Cedar Creek Constructions Pty. Ltd Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cedar Creek Constructions Pty. Ltd Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] An undertaking with respect to clause 7 - Hours of work, and in particular, subclause 7.1.1, the ordinary hours of work, has been provided by the employer.

[3] The undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] I am satisfied that each of the requirements of s.186, including the requirement that the group of employees covered by the Agreement has been fairly chosen, and ss.187 and 188 as are relevant to this application for approval have also been met.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 28 January 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cedar Creek Constructions Pty Ltd, an Australian construction company, sought approval of an enterprise agreement from the Fair Work Commission, which was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms of the proposed agreement, specifically concerning the classification of employees and the application of certain provisions to new employees. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the classification of employees and the application of the agreement's terms to new employees. The CFMEU argued that the agreement did not adequately protect the rights and conditions of its members, while Cedar Creek Constructions Pty Ltd contended that the agreement was fair and reasonable and complied with the necessary legal standards.

The Fair Work Commission found that the proposed enterprise agreement was valid and should be approved. The Commission determined that the classification of employees and the application of the agreement's terms to new employees were consistent with the requirements of the Fair Work Act 2009. The Commission emphasised that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the work and the need for flexibility in the construction industry. The opposition by the CFMEU was rejected, and the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the Cedar Creek Constructions Pty Ltd Enterprise Agreement 2012 - 2016, subject to certain conditions and modifications. The approved agreement will now serve as the governing document for the employment terms and conditions of the employees covered by the agreement, providing a framework for fair and reasonable industrial relations within the construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established