DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crushing Services International Pty Ltd T/A Crushing Services International
(AG2017/5928)

CRUSHING SERVICES INTERNATIONAL CONSTRUCTION PROJECTS ENTERPRISEAGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 APRIL 2018

Application for approval of the Crushing Services International Pty Ltd Construction Projects Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Crushing Services International Pty Ltd Construction Projects Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crushing Services International Pty Ltd t/a Crushing Services International. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2018. The nominal expiry date of the Agreement is 25 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Crushing Services International Pty Ltd, trading as Crushing Services International, applied for approval of the 2017 Construction Projects Enterprise Agreement. The application was heard in the Fair Work Commission. The primary dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the coverage of employees and the procedural fairness in its negotiation and execution. The Fair Work Commission was tasked with determining if the agreement was made in accordance with the Act and if it adhered to the procedural standards set forth.

The court considered several legal issues, including whether the agreement was genuinely negotiated and whether there was sufficient evidence to demonstrate that it was made free from any duress or coercion. Additionally, the Commission examined if the agreement appropriately covered the intended employees and if it complied with the minimum entitlements prescribed by the Act. The central issue was whether the agreement fulfilled the criteria for approval under section 230 of the Fair Work Act, which mandates that an enterprise agreement be approved if it meets the procedural requirements and does not adversely affect employees' minimum entitlements.

In delivering its decision, the Fair Work Commission found that the agreement was genuinely negotiated and that there was ample evidence to support its approval. The Commission determined that the procedural fairness requirements were met, and that the agreement did not negatively impact employees' minimum entitlements. The Commission concluded that the agreement was valid and met all statutory requirements for approval. Consequently, the Commission approved the 2017 Construction Projects Enterprise Agreement.

Crushing Services International Pty Ltd T/A Crushing Services International

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established