DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Creteform Pty Ltd
(AG2017/6727)

CRETEFORM PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 MAY 2018

Application for approval of the Creteform Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Creteform Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Creteform Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2018. The nominal expiry date of the Agreement is 24 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Creteform Pty Ltd, sought approval of the Creteform Pty Ltd Enterprise Agreement 2017-2021, with the Fair Work Commission (FWC) acting as the reviewing court. The dispute centred around the application's compliance with the Fair Work Act 2009 (FW Act) and the terms and conditions it proposed for the employees of Creteform Pty Ltd. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Australian Manufacturing Workers' Union (AMWU), both representing certain employees of Creteform Pty Ltd.

The central legal issues were whether the application met the requirements of section 230 of the FW Act and whether the proposed enterprise agreement was in the best interests of the employees. The applicants argued that the agreement was fairly negotiated and provided for a modern industrial relationship. The respondents contended that the agreement did not meet the requirements of the FW Act, as it contained provisions that were contrary to public policy and did not adequately protect employees' rights.

In delivering its decision, the FWC noted that the application was made in accordance with the requirements of section 230 of the FW Act and that the proposed enterprise agreement had been fairly negotiated. However, the FWC found that certain provisions of the agreement were contrary to public policy and did not adequately protect employees' rights. Consequently, the FWC refused to approve the application as it was not in the best interests of the employees. The FWC made orders to that effect, ensuring that the agreement would not be approved until such time as it complied with the FW Act and adequately protected employees' rights.

Creteform 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