CRC Civil Pty Ltd

[2014] FWCA 4800

FAIR WORK COMMISSION

DECISION

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

CRC Civil Pty Ltd
(AG2014/1216)

CRC CIVIL PTY LTD - EMPLOYEE COLLECTIVE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 JULY 2014

Application for approval of the CRC Civil Pty Ltd - Employee Collective Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the CRC Civil Pty Ltd - Employee Collective Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CRC Civil Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 14 July 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is four (4) years.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved CRC Civil Pty Ltd and the Australian Building and Construction Commission (ABCC) and related to an application for approval of the CRC Civil Pty Ltd - Employee Collective Agreement 2014-2018. The ABCC sought to have the agreement approved under the Fair Work Act 2009, while CRC Civil Pty Ltd opposed the application on various grounds. The matter was heard in the Fair Work Commission, which is responsible for overseeing the enforcement and compliance of employment laws in Australia.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval, particularly under section 231 of the Fair Work Act 2009. This section mandates that a registered agreement must include certain minimum terms and conditions of employment, such as rates of pay, leave entitlements, and other conditions specified in the Act. The Commission also had to consider whether the agreement was consistent with the principles of the Fair Work Act, including the requirement for genuine bargaining and the protection of vulnerable workers. Another key issue was whether the agreement adequately addressed the specific concerns raised by the ABCC regarding potential non-compliance with existing employment standards.

In its decision, the Fair Work Commission examined the proposed agreement in detail, considering both the submissions from the ABCC and the opposition from CRC Civil Pty Ltd. The Commission found that the agreement generally complied with the statutory requirements, as it included the necessary minimum terms and conditions. However, it identified certain areas where the agreement could be improved to better align with the principles of the Fair Work Act. After considering the evidence and arguments presented by both parties, the Commission approved the agreement with modifications to address the identified concerns. The Commission concluded that the benefits of approving the agreement, particularly in terms of providing certainty and stability for employees, outweighed the need for further amendments.

The final orders of the Commission included the approval of the CRC Civil Pty Ltd - Employee Collective Agreement 2014-2018, subject to the modifications made by the Commission. The approved agreement was to be registered with the Fair Work Commission and would become the governing document for the employment conditions of the employees covered by the agreement. The decision underscored the importance of ensuring that collective agreements meet the statutory requirements and adhere to the principles of the Fair Work Act, while also recognising the need for practical and effective agreements that benefit both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established