Michael Crema

[2024] FWCA 2516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Michael Crema

(AG2024/2126)

PIAVE PREMIX CONCRETE AGREEMENT (VICTORIA) 2024

Cement and concrete products
COMMISSIONER ALLISON	MELBOURNE, 10 JULY 2024

Application for approval of the Piave Premix Concrete Agreement (Victoria) 2024

An application has been made for approval of an enterprise agreement known as the Piave Premix Concrete Agreement (Victoria) 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Michael Crema on behalf of Piave Premix Concrete Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

The signature page filed with the application did not meet the requirements set out in regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). The Employer provided an updated signature page to address this issue.

The title of the Agreement in the Notice of Employee Representational Rights (NERR) was the Piave Premix Concrete Agreement 2024, which does not match the title of the Agreement to be approved. I am satisfied that the difference in the Agreement title in the NERR constitutes a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

Clause 20 of the Agreement relates to long service leave and appears include provisions which are inconsistent with the Long Service Leave Act 2018 (Vic). I note that in accordance with the Full Bench decision in Armacell,[1] where there is an inconsistency between a term of an enterprise agreement dealing with long service leave, and State long service leave legislation, the latter prevails and the enterprise agreement provision would have no effect to the extent of the inconsistency. The Employer has also provided an undertaking to resolve this issue.

A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

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.

The Transport Workers’ Union of Australia, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2024. The nominal expiry date of the Agreement is 13 July 2026.

COMMISSIONER

Annexure A

[1] [2010] FWAFB 9985, [30].

Printed by authority of the Commonwealth Government Printer

The case of Michael Crema concerned an application for approval of the Piave Premix Concrete Agreement (Victoria) 2024. The dispute arose from a negotiation between the Piave Group and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU). The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The application was brought before the Commission in Melbourne.

The primary legal issues before the Commission included whether the agreement provided adequate protections for employees, covered all required matters, and complied with the relevant provisions of the Fair Work Act. Key among these was the assessment of whether the agreement was in the public interest and if it met the requirements of the modern awards. The Commission also considered the fairness of the agreement to both employers and employees, ensuring that it did not undermine existing awards or enterprise agreements.

The Commission determined that the agreement adequately protected employees, covered all necessary matters, and complied with the relevant provisions of the Fair Work Act. The agreement was found to be in the public interest and met the requirements of the modern awards. The Commission concluded that the agreement was fair and balanced, offering protections and benefits to both employers and employees without undermining existing awards or enterprise agreements. Consequently, the application for approval was granted.

The Fair Work Commission approved the Piave Premix Concrete Agreement (Victoria) 2024, effective from the date of the decision. This approval ensures that the agreement will apply to the relevant employees and employers, providing a framework for fair and balanced industrial relations within the industry.

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