DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All City Sawing and Drilling Vic Pty Ltd
(AG2018/2596)

ALL CITY SAWING & DRILLING (VIC) PTY LTD (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2017-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 JULY 2018

Application for approval of the All City Sawing & Drilling (VIC) Pty Ltd (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the All City Sawing & Drilling (VIC) Pty Ltd (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All City Sawing and Drilling Vic 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 7 August 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All City Sawing and Drilling Vic Pty Ltd was involved in an application to the Fair Work Commission for the approval of the Enterprise Agreement for Concrete Sawing and Drilling. The applicants argued that the proposed agreement was appropriate and met the requirements of the Fair Work Act 2009. The applicants sought approval for the Enterprise Agreement from the Fair Work Commission.

The legal issues before the Commission involved determining whether the proposed agreement was a “bargained for agreement”, whether it met the “better off overall test” and if it contained the necessary “protected action provisions”. The Commission had to consider if the agreement was genuinely negotiated between the parties, if it provided better overall terms and conditions for employees than the relevant award, and if it included the necessary provisions to protect employees' rights.

The Commission found that the agreement was genuinely negotiated and met the better off overall test, as employees would receive additional benefits such as increased wages and improved working conditions. The Commission also found that the agreement contained the necessary protected action provisions to ensure employees' rights were protected. Based on these findings, the Commission approved the proposed Enterprise Agreement.

The Fair Work Commission approved the All City Sawing & Drilling (VIC) Pty Ltd (Victorian Construction and General Division) Concrete Sawing and Drilling Enterprise Agreement 2017-2019, effective from 1 January 2017 for a period of three years. The approval was granted on the condition that the agreement was genuinely negotiated, met the better off overall test, and contained the necessary protected action provisions.

All City Sawing and Drilling Vic 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