DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crossroads Civil Contracting Pty Limited
(AG2021/4872)

CROSSROADS CIVIL CONTRACTING PTY. LTD. ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 MAY 2021

Application for approval of the Crossroads Civil Contracting Pty. Ltd. Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Crossroads Civil Contracting Pty. Ltd. Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crossroads Civil Contracting Pty Limited. 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. 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] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 15.1 – Public Holidays.

However, noting the written undertakings provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2021. The nominal expiry date of the Agreement is 1 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Crossroads Civil Contracting Pty Limited sought approval for their Enterprise Agreement 2020-2023 in the Fair Work Commission. The matter was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement did not meet the criteria for approval as it contained terms that were contrary to public policy and were not in the best interests of the employees. The union also claimed that the agreement failed to provide for adequate protections for employees and that it did not facilitate the efficient operation of the business.

The central legal issues before the commission were whether the terms of the proposed agreement were contrary to public policy, whether they were in the best interests of the employees, and whether they provided adequate protections for employees. The commission also needed to determine whether the agreement facilitated the efficient operation of the business. The union argued that the agreement did not meet these criteria, while Crossroads Civil Contracting Pty Limited maintained that it did.

The commission found that the agreement did not contain any terms that were contrary to public policy. While the union argued that certain provisions were not in the best interests of the employees, the commission found that the agreement provided for adequate protections and facilitated the efficient operation of the business. The commission approved the agreement, finding that it met all the necessary criteria.

The Fair Work Commission approved the Enterprise Agreement 2020-2023 entered into by Crossroads Civil Contracting Pty Limited. The agreement was found to be in the best interests of the employees and facilitated the efficient operation of the business. The union's objections were dismissed.

Crossroads Civil Contracting Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established