Crosato Pty Ltd T/A Austral Shotcrete Constructions Summary

[2014] FWCA 6759

FAIR WORK COMMISSION

DECISION

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

Crosato Pty Ltd T/A Austral Shotcrete Constructions
(AG2014/9053)

CROSATO PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 26 SEPTEMBER 2014

Application for approval of the Crosato Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Crosato Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crosato Pty Ltd T/A Austral Shotcrete Constructions. 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 4 October 2014. The nominal expiry date of the Agreement is 25 September 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crosato Pty Ltd, trading as Austral Shotcrete Constructions, applied to the Fair Work Commission for approval of its 2014 Enterprise Agreement. The application involved a dispute regarding the agreement's terms, particularly concerning the classification and pay rates of employees within the company. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement was made in good faith and whether it complied with the relevant provisions of the Fair Work Act. This involved assessing the process by which the agreement was negotiated, the fairness of its terms, and whether it provided adequate protections for employees. The Commission also had to consider whether the agreement met the "better off overall test" to ensure that employees would not be worse off financially under the new agreement compared to their previous conditions.

After reviewing the evidence and submissions from both parties, the Commission found that the Enterprise Agreement was made in good faith and met the legal requirements for approval. The Commission was satisfied that the agreement had been negotiated through a process that allowed for meaningful consultation and that the terms provided adequate protections for the employees. The Commission concluded that the agreement was fair and met the better off overall test, leading to the approval of the Enterprise Agreement. The decision confirmed that the terms of the agreement would now apply to the employees of Crosato Pty Ltd, trading as Austral Shotcrete Constructions.

Crosato Pty Ltd T/A Austral Shotcrete Constructions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established