DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A-1 Concrete Services Pty Ltd
(AG2021/6504)

A-1 CONCRETE SERVICES PTY LTD ENTERPRISE AGREEMENT 2021-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 AUGUST 2021

Application for approval of the A-1 Concrete Services Pty Ltd Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the A-1 Concrete Services Pty Ltd Enterprise Agreement 2021-2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 August 2021. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, A-1 Concrete Services Pty Ltd applied for approval of the A-1 Concrete Services Pty Ltd Enterprise Agreement 2021-2024. The agreement was between the company and its employees who were members of the Construction, Forestry, Maritime, Mining and Energy Union. The dispute arose because the employees alleged that the company failed to bargain in good faith, resulting in an unfair agreement. The case was heard by the Full Bench of the Fair Work Commission.

The primary legal issue before the Commission was whether the company had complied with its duty to bargain in good faith when negotiating the agreement. The Commission had to determine if the company had made a genuine effort to reach an agreement and whether the terms of the agreement were fair. The employees argued that the company had not genuinely attempted to negotiate and that the agreement was unfair in several respects, including the lack of provisions for casual employees and the inadequate provisions for shift penalties.

The Full Bench found that the company had not fully complied with its duty to bargain in good faith. The Commission found that the company had failed to consider the employees' submissions on several issues, including shift penalties and provisions for casual employees. The Full Bench also found that the agreement was unfair in certain respects. However, the Full Bench decided that the agreement could be approved with modifications to address the identified issues. The modifications included provisions for casual employees and improved provisions for shift penalties.

The Fair Work Commission approved the A-1 Concrete Services Pty Ltd Enterprise Agreement 2021-2024 with modifications. The modifications included provisions for casual employees and improved provisions for shift penalties. The company was required to implement the modifications within 28 days of the decision. The employees were given the right to apply to the Commission if the company failed to implement the modifications.

A-1 Concrete Services 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