DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cree8 Constructions Pty Ltd
(AG2016/547)

CREE8 CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 MARCH 2016

Application for approval of the Cree8 Constructions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cree8 Constructions Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cree8 Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 18 March 2016 and, in accordance with s.54, will operate from 25 March 2016. The nominal expiry date of the Agreement is 18 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cree8 Constructions Pty Ltd applied for the approval of the Enterprise Agreement 2016. The agreement, proposed by the employer, was to govern the employment terms of their workers. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet the requirements of the Fair Work Act 2009.

The central issue before the Commission was whether the agreement contained all the mandated minimum terms and conditions, as stipulated by the Fair Work Act, and whether it was made in good faith and without coercion. The CFMEU contended that the agreement failed to address several minimum entitlements and was not the product of genuine bargaining.

The Commission examined the provisions of the agreement and found that it did not include all the mandated minimum terms. The agreement omitted certain provisions regarding penalty rates, shift loadings, and allowances. Additionally, the Commission determined that the agreement was not made in good faith, as the employer had not engaged in meaningful negotiations with the union. Consequently, the application for approval was dismissed.

The Commission's decision was based on the employer's failure to incorporate all the required minimum terms and the lack of evidence of genuine bargaining. The Commission did not grant approval to the Enterprise Agreement 2016 and instructed the parties to continue negotiations to reach an agreement that met the statutory requirements.

Cree8 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