Creedence Contracting Pty Ltd

[2014] FWCA 677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Creedence Contracting Pty Ltd
(AG2013/12045)

CREEDENCE CONTRACTING ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 29 JANUARY 2014

Application for approval of the Creedence Contracting Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Creedence Contracting Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Creedence Contracting Pty Ltd. 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2014. The nominal expiry date of the Agreement is 29 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Creedence Contracting Pty Ltd, a construction company, and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the application for approval of the Creedence Contracting Enterprise Agreement 2013. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically focusing on whether the agreement had been made in the course of genuine bargaining and if it contained the necessary minimum entitlements.

The legal issues at the heart of the case involved whether the enterprise agreement was genuinely bargained for and whether it provided the minimum entitlements required by the Fair Work Act. The company argued that the agreement had been made through genuine bargaining, while the union contended that it had not, due to alleged procedural irregularities. Additionally, the union argued that the agreement did not provide the minimum entitlements as stipulated by the Act, particularly regarding penalty rates and leave provisions.

The Fair Work Commission found that the enterprise agreement had indeed been made through genuine bargaining. It noted that while there were some procedural issues, they did not undermine the overall integrity of the bargaining process. The Commission also determined that the agreement met the minimum entitlements required by the Act. The agreement included appropriate provisions for penalty rates and leave, thereby satisfying the statutory requirements. As a result, the application for approval of the Creedence Contracting Enterprise Agreement 2013 was granted.

The Commission made an order approving the enterprise agreement, thereby allowing it to come into effect and bind the employees and the employer. The decision was based on the finding that the agreement was genuinely bargained for and contained the necessary minimum entitlements as prescribed by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established