Crothers Construction Pty Ltd T/A Crothers Construction Summary

[2014] FWCA 7617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crothers Construction Pty Ltd T/A Crothers Construction
(AG2014/8651)

CROTHERS CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 OCTOBER 2014

Application for approval of the Crothers Construction Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Crothers Construction Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crothers Construction 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 27 October 2014 and, in accordance with s.54, will operate from 3 November 2014. The nominal expiry date of the Agreement is 26 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Crothers Construction Pty Ltd T/A Crothers Construction, the Fair Work Commission was tasked with approving an Enterprise Agreement between the employer and its employees. The dispute centred on whether the proposed agreement complied with the relevant industrial laws and adequately protected the rights of the employees.

The legal issues before the Commission involved assessing whether the proposed agreement met the requirements for an enterprise agreement under the Fair Work Act 2009. This included examining whether the agreement was negotiated in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with the provisions concerning employee consultation and representation.

The Commission found that the proposed agreement was negotiated in good faith and contained all the necessary minimum terms and conditions. The agreement was deemed to be fair and reasonable, as it provided adequate protections for the employees while also considering the interests of the employer. The Commission approved the Crothers Construction Pty Ltd Enterprise Agreement 2014, as it believed the agreement achieved an appropriate balance between the rights of the employees and the needs of the employer.

The Fair Work Commission ordered the approval of the Crothers Construction Pty Ltd Enterprise Agreement 2014, subject to the terms and conditions set out in the agreement. This decision ensures that the employees of Crothers Construction Pty Ltd are covered by a fair and legally compliant enterprise agreement.

Crothers Construction Pty Ltd T/A Crothers Construction

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established