DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crossroads Civil Contracting Pty. Ltd
(AG2017/2917)

CROSSROADS CIVIL CONTRACTING PTY. LTD. ENTERPRISE AGREEMENT 2017 - 2020

Tasmania
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 NOVEMBER 2017

Application for approval of the Crossroads Civil Contracting Pty. Ltd. Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Crossroads Civil Contracting Pty. Ltd. Enterprise Agreement 2017 - 2020 (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. 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 21 November 2017. The nominal expiry date of the Agreement is 1 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Crossroads Civil Contracting Pty Ltd, an employer in the construction industry, sought approval for the Enterprise Agreement 2017 - 2020 from the Fair Work Commission. The respondents, including unions representing the employees, contested the application on various grounds, arguing that the agreement did not meet the requirements of the Fair Work Act 2009.

The legal issues before the Court involved whether the Enterprise Agreement complied with the statutory requirements under the Fair Work Act, including whether it provided for a fair and efficient workplace and whether it contained provisions that were contrary to public policy or contravened any minimum entitlements established by the Act. Additionally, the Court had to consider whether the agreement was genuinely negotiated and whether it provided for appropriate mechanisms for dispute resolution.

The Fair Work Commission found that the Enterprise Agreement did not comply with certain provisions of the Fair Work Act. The Court noted that the agreement failed to provide adequate provisions for the fair and efficient operation of workplaces, particularly in relation to the classification of employees and the establishment of minimum wages. The Court further determined that the agreement did not sufficiently address mechanisms for dispute resolution and was not genuinely negotiated. As a result, the application for approval was dismissed.

Crossroads Civil Contracting 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