Creteform Pty Ltd

[2022] FWCA 4505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Creteform Pty Ltd

(AG2022/5187)

Creteform Pty Ltd and Employees Enterprise Agreement 2022-2026

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 19 DECEMBER 2022

Application for approval of the Creteform Pty Ltd and Employees Enterprise Agreement 2022-2026.

An application has been made for approval of an enterprise agreement known as the Creteform Pty Ltd and Employees Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Creteform Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 19 December 2022 and, in accordance with s.54 of the Act, will operate from 26 December 2022. The nominal expiry date of the Agreement is 18 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Creteform Pty Ltd, represented by their employees, applied to the Fair Work Commission for approval of their Enterprise Agreement 2022-2026. The application was made under the Fair Work Act 2009, and the respondents included various stakeholders such as the employer and union representatives. The nature of the dispute centred on whether the proposed agreement met the legal standards and criteria set out in the Fair Work Act for approval, including provisions on minimum wages, conditions of employment, and procedural fairness.

The legal issues the court had to resolve were whether the agreement provided for fair and reasonable terms and conditions for the employees, whether it adhered to the procedural requirements, and if it was consistent with the principles of procedural fairness. The court needed to determine whether the agreement appropriately balanced the interests of the employer and the employees and if it was in line with the broader objectives of the Fair Work Act.

The Fair Work Commission examined the agreement clause by clause, considering both the substantive fairness of the terms and the fairness of the process through which the agreement was negotiated. The Commission found that the agreement generally met the legislative requirements, providing fair and reasonable terms for the employees while also accommodating the employer's business needs. The Commission approved the agreement, noting that it complied with the Act and adhered to the principles of procedural fairness. The court's decision was based on a detailed analysis of the agreement's provisions and the evidence presented during the hearings.

The final orders included the approval of the Creteform Pty Ltd and Employees Enterprise Agreement 2022-2026, with specific terms and conditions outlined in the approved agreement. The Commission's decision was binding and enforceable under the Fair Work Act, ensuring that the agreement would govern the employment relationship between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established