DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crossroads Concrete Pty Limited
(AG2021/4847)

CROSSROADS CONCRETE EMPLOYEES ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MAY 2021

Application for approval of the Crossroads Concrete Employees Enterprise Agreement 2020 - 2023.

[1] Crossroads Concrete Pty Limited has made an application for approval of an enterprise agreement known as the Crossroads Concrete Employees Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. It confirms the intended scope of the Agreement. I accept the undertaking on the basis that without it, I would have a concern about whether the Agreement had been genuinely approved. The undertaking will not cause financial detriment to any employee, nor will it result in substantial change to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Agreement was approved on 11 May 2021 and, in accordance with s 54, will operate from 18 May 2021. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Crossroads Concrete Pty Limited, represented by their employees under the leadership of the Construction, Forestry, Maritime, Mining and Energy Union, filed an application for the approval of the Crossroads Concrete Employees Enterprise Agreement 2020 - 2023. The respondents to the application were Crossroads Concrete Pty Limited, the employer, and several other entities. The application was heard in the Fair Work Commission.

The legal issues before the court centred around the validity and fairness of the proposed enterprise agreement. The primary concerns were whether the agreement was genuinely negotiated, whether it complied with the requirements of the Fair Work Act 2009, and whether it provided fair and reasonable terms for both employees and employers. The court needed to assess if the agreement met the criteria for approval, particularly in relation to the procedural fairness and the substantive fairness of the terms.

The court considered various aspects of the agreement, including the negotiation process, the terms and conditions proposed, and the impact on both parties. It examined the evidence provided by the union and the employer, and assessed whether the agreement met the standards of procedural and substantive fairness as required by the Fair Work Act. Ultimately, the court found that the agreement was genuinely negotiated and provided fair and reasonable terms. Consequently, the application for approval was granted, and the enterprise agreement was approved under the Act.

The court ordered that the Crossroads Concrete Employees Enterprise Agreement 2020 - 2023 be approved and registered with the Fair Work Commission, effective from the date of the decision. This decision ensures that the agreement is legally binding on both the employer and the employees, providing a framework for their industrial relationship over the specified period.

Crossroads Concrete 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