A-1 Concrete Services Pty Ltd T/A A-1 Concrete Services Pty Ltd Summary

[2013] FWCA 1652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

A-1 Concrete Services Pty Ltd T/A A-1 Concrete Services Pty Ltd
(AG2013/4969)

A-1 CONCRETE SERVICES PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 18 MARCH 2013

Application for approval of the A-1 Concrete Services Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the A-1 Concrete Services Pty Ltd Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] An undertaking with respect to clause 21.0 - Consultation, and in particular, the representation of employees, has been provided by the Applicant.

[3] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] The Agreement covers those employees working in onsite and hands on roles involving concrete sawing, drilling and other related services. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[5] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[6] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 25 March 2013. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

A-1 Concrete Services Pty Ltd, trading as A-1 Concrete Services Pty Ltd, applied to the Fair Work Commission for approval of its Enterprise Agreement 2013-2017. The agreement had been negotiated with the Concrete and Cement Products Building and Construction Union and was subject to a dispute regarding its compliance with the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment, particularly focusing on whether the agreement adequately met the legislative requirements for minimum standards and if it contained any unfair provisions.

The legal issues before the court centred on the interpretation and application of the Fair Work Act, specifically sections pertaining to the approval of enterprise agreements. The court needed to determine if the agreement provided for minimum terms and conditions, if it contained any unfair provisions, and whether it was genuinely negotiated between the employer and the employees’ representative. The court also needed to assess if the agreement aligned with the broader objectives of the Fair Work Act, which include facilitating higher wages and better conditions through good faith bargaining.

In reaching its decision, the court examined the provisions of the Enterprise Agreement 2013-2017 in detail, considering both the explicit terms and the implications of the negotiated clauses. The court found that the agreement met the minimum standards as required by the Fair Work Act and did not contain any unfair provisions. It concluded that the agreement was the product of genuine negotiations between the employer and the union, and thus, complied with the statutory requirements for approval. Based on this analysis, the court granted the application for approval of the enterprise agreement.

The final orders of the court mandated that the Enterprise Agreement 2013-2017 be approved and registered, effective from the date of the decision. The agreement was to remain in force until it was terminated or replaced by a new agreement. This decision affirmed the validity of the negotiated terms and conditions between A-1 Concrete Services Pty Ltd and its employees, providing certainty and stability in their employment relationship.

A-1 Concrete Services Pty Ltd T/A A-1 Concrete Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established