DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crisp Brothers & Haywards Pty Ltd T/A Haywards
(AG2020/1554)

CRISP BROS. & HAYWARDS (PROJECTS) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 JULY 2020

Application for approval of the Crisp Bros. & Haywards (Projects) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Crisp Bros. & Haywards (Projects) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crisp Brothers & Haywards Pty Ltd T/A Haywards. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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 was approved on 13 July 2020 and, in accordance with s.54, will operate from 20 July 2020. The nominal expiry date of the Agreement is 12 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Crisp Brothers & Haywards Pty Ltd, trading as Haywards, applied for approval of the Crisp Bros. & Haywards (Projects) Enterprise Agreement 2020. The application was heard by the Fair Work Commission, which is tasked with overseeing the approval of enterprise agreements under the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and met the requirements for approval.

The legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and whether it met the requirements for approval under the Fair Work Act. The applicant contended that the agreement was made in good faith and that it met all the requirements for approval. The respondent, however, argued that the agreement was not genuinely an enterprise agreement and that it was not made in good faith.

The Commission found that the agreement was genuinely an enterprise agreement and that it was made in good faith. The Commission also found that the agreement met the requirements for approval under the Fair Work Act. The Commission was satisfied that the agreement was made following genuine bargaining and that it contained terms and conditions that were fair and reasonable. The Commission also found that the agreement had been properly notified and that there was no evidence of coercion or undue influence. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Crisp Bros. & Haywards (Projects) Enterprise Agreement 2020, finding that it was genuinely an enterprise agreement made in good faith and met the requirements for approval under the Fair Work Act. The agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the agreement.

Crisp Brothers & Haywards Pty Ltd T/A Haywards

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established