DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A-1 Concrete Services Pty Ltd
(AG2017/3087)

A-1 CONCRETE SERVICES PTY LTD ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 AUGUST 2017

Application for approval of the A-1 Concrete Services Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the A-1 Concrete Services Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A-1 Concrete Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 is approved and, in accordance with s.54 of the Act, will operate from 17 August 2017. The nominal expiry date of the Agreement is 1 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, A-1 Concrete Services Pty Ltd, sought approval of the A-1 Concrete Services Pty Ltd Enterprise Agreement 2017-2021. The applicant was represented by Mr. F. Smith, and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, was represented by Ms. C. Jones. The dispute centred around the terms and conditions of employment for workers covered by the agreement, including wages, hours of work, and other workplace entitlements.

The legal issues the court had to decide were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from any improper interference, coercion, or pressure. The court also had to consider whether the agreement was made in good faith and whether it provided for the proper registration and notification of the agreement.

The court found that the agreement met the statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other workplace entitlements. The court was satisfied that the agreement was made in good faith and was free from any improper interference, coercion, or pressure. The court also found that the agreement provided for the proper registration and notification of the agreement. Accordingly, the court approved the agreement.

The final orders of the court were that the A-1 Concrete Services Pty Ltd Enterprise Agreement 2017-2021 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the decision and would remain in effect until the earlier of the parties agreeing to vary the agreement or the agreement being terminated in accordance with its provisions. The court also ordered that the agreement be published on the Fair Work Commission's website.

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