A-1 Concrete Services Pty Ltd Summary

[2024] FWCA 2691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

A-1 Concrete Services Pty Ltd

(AG2024/2251)

A-1 CONCRETE SERVICES PTY LTD ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 19 JULY 2024

Application for approval of the A-1 Concrete Services Pty Ltd Enterprise Agreement 2024-2027

A-1 Concrete Services Pty Ltd has applied for approval of a single enterprise agreement known as the A-1 Concrete Services Pty Ltd Enterprise Agreement 2024-2027 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 26 July 2024. The nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved A-1 Concrete Services Pty Ltd, an employer, and its employees represented by the Australian Building Construction Employees and Builders Labourers Federation. The parties sought approval of the proposed enterprise agreement for the period 2024-2027. The matter was heard in the Fair Work Commission, which was required to determine whether the agreement met the necessary standards under the Fair Work Act 2009.

The central legal issue was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to consider whether the agreement adequately protected the employees' rights and interests and whether it was made in good faith and without coercion. The Commission also had to ensure that the agreement met the statutory minimum standards, including those concerning wages, conditions of employment, and dispute resolution mechanisms.

In delivering its decision, the Commission examined the provisions of the proposed agreement and the submissions from both parties. The Commission found that the agreement generally met the statutory requirements and adequately protected the employees' rights and interests. It was satisfied that the agreement was made in good faith and without coercion. The Commission also confirmed that the agreement complied with the statutory minimum standards, including those concerning wages, conditions of employment, and dispute resolution mechanisms. Based on this assessment, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the A-1 Concrete Services Pty Ltd Enterprise Agreement 2024-2027, confirming that it met the necessary standards under the Fair Work Act 2009. The Commission's decision ensures that the agreement will provide a fair and effective framework for the employment relationship between the employer and its employees.

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