Crossroads Civil Contracting Pty. Ltd. Summary

[2014] FWCA 7922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crossroads Civil Contracting Pty. Ltd.
(AG2014/9150)

CROSSROADS CIVIL CONTRACTING PTY. LTD. AND AUSTRALIAN WORKERS UNION (TASMANIAN BRANCH) ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	HOBART, 7 NOVEMBER 2014

Application for approval of the Crossroads Civil Contracting Pty. Ltd. and Australian Workers Union (Tasmanian Branch) Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Crossroads Civil Contracting Pty. Ltd. and Australian Workers Union (Tasmanian Branch) Enterprise Agreement 2014 (the Agreement). The application was made by Crossroads Civil Contracting Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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 Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2014. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crossroads Civil Contracting Pty. Ltd. and the Australian Workers Union (Tasmanian Branch) have applied for the approval of their Enterprise Agreement 2014. The dispute pertains to the provisions of the Fair Work Act 2009, specifically regarding the process of obtaining approval for an enterprise agreement. The application was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, including provisions relating to the coverage of the agreement, procedural fairness, and the absence of any contraventions of the provisions protecting employees' rights. Furthermore, the Commission had to determine if the agreement contained terms that were reasonably capable of being fairly negotiated and if the process leading up to the agreement was procedurally fair.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the agreement met the statutory requirements under the Fair Work Act 2009. The Commission was satisfied that the agreement was reasonably capable of being fairly negotiated, and that the process leading up to the agreement was procedurally fair. It also found that the agreement did not contravene any of the provisions protecting employees' rights. Consequently, the Commission approved the Enterprise Agreement 2014.

In light of the approval, the Fair Work Commission made orders to register the Enterprise Agreement 2014, which will now be applicable to the employees of Crossroads Civil Contracting Pty. Ltd. The decision provides a clear framework for the terms of employment, including wages, conditions, and other workplace matters, for the duration of the agreement.

Crossroads Civil Contracting Pty. Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established