DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cross Verwijmeren Pty Ltd
(AG2016/6998)

CROSS VERWIJMEREN BASE ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2017

Application for approval of the Cross Verwijmeren Base Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cross Verwijmeren Base Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cross Verwijmeren 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 11 January 2017. The nominal expiry date of the Agreement is 3 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Cross Verwijmeren Pty Ltd, sought approval for the Cross Verwijmeren Base Enterprise Agreement 2016, which was to be applied to its employees. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue the court had to decide was whether the enterprise agreement in question complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement had been fairly negotiated and whether it satisfied the good faith bargaining test. Additionally, the court needed to assess whether the agreement covered all mandatory provisions and if it included appropriate dispute resolution processes.

The Fair Work Commission found that the enterprise agreement did not meet the necessary criteria for approval. The court determined that the agreement had not been fairly negotiated and did not satisfy the good faith bargaining test. Furthermore, the court found that the agreement did not cover all mandatory provisions and lacked adequate dispute resolution mechanisms. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the Cross Verwijmeren Base Enterprise Agreement 2016 was not approved. The Commission mandated that the applicant must renegotiate the agreement to ensure it meets all statutory requirements and reflects fair and genuine negotiations.

Cross Verwijmeren 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