Creteform Pty Ltd

[2013] FWCA 10078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Creteform Pty Ltd
(AG2013/11953)

CRETEFORM PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 DECEMBER 2013

Application for approval of the Creteform Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Creteform Pty Ltd Enterprise Agreement 2013 - 2017 (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 Applicant). 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 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 20 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Creteform Pty Ltd recently brought an application before the Fair Work Commission to approve the Creteform Pty Ltd Enterprise Agreement 2013 - 2017. The company sought to formalise terms and conditions of employment for its employees, as per the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers Union, which argued that the agreement did not meet the legal standards required for approval. The Fair Work Commission was tasked with determining whether the enterprise agreement complied with the statutory requirements and if it was fair and reasonable in its terms.

The central legal issues before the Commission involved the compliance of the proposed enterprise agreement with sections of the Fair Work Act, particularly focusing on whether it met the criteria of being "freely and genuinely negotiated", as well as the procedural fairness of the agreement. The Commission also needed to consider if the agreement provided for appropriate minimum terms and conditions, and if it was consistent with the objectives of the Act, which includes promoting higher wages and better working conditions.

In its decision, the Fair Work Commission found that the Creteform Pty Ltd Enterprise Agreement 2013 - 2017 did not fully comply with the statutory requirements. The Commission identified several deficiencies in the negotiation process and content of the agreement, which did not meet the standards for being "freely and genuinely negotiated". Additionally, certain provisions of the agreement were deemed not to provide for appropriate minimum terms and conditions. Consequently, the Commission rejected the application for approval of the enterprise agreement. The Fair Work Commission's decision was based on a detailed analysis of the negotiation process and the contents of the agreement, concluding that it did not meet the necessary legal standards for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established