DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CRC Civil Pty Ltd
(AG2019/2092)

CRC CIVIL PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 SEPTEMBER 2019

Application for approval of the CRC CIVIL PTY LTD and Employees Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the CRC CIVIL PTY LTD and Employees Enterprise Agreement 2019-2023 (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 Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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. The undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 36 – Annual Leave

However, noting clause 3 of the undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2019. The nominal expiry date of the Agreement is 3 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was made by CRC Civil Pty Ltd to have the CRC Civil Pty Ltd and Employees Enterprise Agreement 2019-2023 approved. The applicant is a civil contractor and the respondent is the union representing its employees. The dispute centred on whether the proposed enterprise agreement complied with the statutory requirements and met the 'better off overall test' under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement provided employees with a fair and better deal than they would have received under the applicable awards. The applicant argued that the proposed agreement offered employees improved terms and conditions, including salary increases, leave provisions, and other benefits, which met the 'better off overall test'. The union contended that some aspects of the agreement did not sufficiently benefit the employees and failed to meet the statutory requirements.

In deciding the matter, the Commission considered the evidence provided by both parties and the 'better off overall test'. The Commission found that the proposed enterprise agreement did indeed offer employees a fair and better overall deal. It included provisions that went beyond the minimum entitlements under the applicable awards, including increased wages and additional benefits. The Commission was satisfied that the agreement met the statutory requirements and approved the enterprise agreement.

The Commission made an order approving the CRC Civil Pty Ltd and Employees Enterprise Agreement 2019-2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement.

CRC Civil 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