DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crushing Services International Pty Ltd
(AG2015/2928)

CRUSHING SERVICES INTERNATIONAL PTY LTD CONSTRUCTION PROJECTS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 JUNE 2015

Application for approval of the Crushing Services International Pty Ltd Construction Projects Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Crushing Services International Pty Ltd Construction Projects Enterprise Agreement 2015 (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. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 12 June 2015 and, in accordance with s.54, will operate from 19 June 2015. The nominal expiry date of the Agreement is 12 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Crushing Services International Pty Ltd Construction Projects Enterprise Agreement 2015 was brought before the Fair Work Commission. Crushing Services International Pty Ltd, the employer, sought approval for the agreement which was intended to regulate the terms and conditions of employment for its employees within the construction industry. The employees, represented by a union, contested certain aspects of the agreement, raising concerns over the fairness and compliance with relevant legislative standards.

The central legal issue before the Commission was whether the contested terms of the agreement were in accordance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, including matters such as minimum rates of pay, maximum weekly hours, and other employment-related conditions. Furthermore, the Commission had to assess whether the agreement met the requirements for being a "registered agreement" as defined under the legislation.

The Fair Work Commission carefully examined the provisions of the agreement, considering the statutory requirements and the submissions from both parties. The Commission noted the employer's argument that the terms were necessary for the efficient operation of its business and the union's contention that certain clauses were unfair. After reviewing the evidence and submissions, the Commission concluded that the agreement, while containing some contentious elements, ultimately provided for fair and reasonable terms and conditions. The Commission found that the agreement complied with the necessary legislative standards and was in the best interest of the employees.

The Fair Work Commission approved the Crushing Services International Pty Ltd Construction Projects Enterprise Agreement 2015, subject to certain conditions. The Commission ordered that the agreement would be registered and would apply to the employees of the employer from a specified date. The decision highlighted the importance of balancing the interests of both employers and employees while ensuring compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act.

Crushing Services International 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