DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CRE Civil Group Pty Ltd
(AG2019/4420)

CRE CIVIL ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 11 DECEMBER 2019

Application for approval of the CRE Group Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CRE Group Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 December 2019. The nominal expiry date of the Agreement is 1 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of CRE Civil Group Pty Ltd involved an application by the company for the approval of the CRE Group Enterprise Agreement 2019. The company sought approval for the agreement which it had negotiated with its employees, aiming to set out the terms and conditions of employment. The application was contested by various employee representatives who raised concerns about the fairness and adequacy of the proposed agreement.

The central legal issues before the Commission centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement contained all the mandatory terms prescribed by the Act, whether it was negotiated in good faith, and if it provided for a fair and reasonable outcome for all parties involved. Additionally, the Commission had to consider the submissions and objections raised by the employee representatives to determine if the agreement adequately protected the employees' rights and interests.

The Fair Work Commission found that the agreement substantially complied with the statutory requirements for approval. The Commission noted that while there were some minor deficiencies, these did not significantly detract from the overall fairness of the agreement. The Commission emphasised that the agreement provided for a comprehensive set of terms and conditions, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. After weighing the evidence and submissions from both parties, the Commission concluded that the benefits of approving the agreement outweighed any minor shortcomings. Therefore, the application for approval was ultimately successful.

The Fair Work Commission approved the CRE Group Enterprise Agreement 2019, subject to the minor conditions specified in the decision. The approved agreement was to take effect from the date of the decision, ensuring that the employees of CRE Civil Group Pty Ltd would be governed by the terms and conditions set out in the agreement. The Commission's decision provided clarity and certainty for both the employer and the employees, facilitating a more structured and predictable employment relationship.

CRE Civil Group 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