DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Concrete Cutting & Drilling Pty Ltd
(AG2018/264)

ACCD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JUNE 2018

Application for approval of the ACCD Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ACCD Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allied Concrete Cutting & Drilling Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 4 June 2018 and, in accordance with s.54, will operate from 11 June 2018. The nominal expiry date of the Agreement is 11 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allied Concrete Cutting & Drilling Pty Ltd brought an application seeking approval of the ACCD Enterprise Agreement 2018, which was the subject of a dispute between the applicant and the respondents, the Australian Building and Construction Commission and others. The Fair Work Commission was asked to determine whether the agreement met the requirements of the Fair Work Act 2009. The agreement was argued to be fit for purpose, with all necessary terms included, and to be free from any unfair content that might contravene the Act.

The central legal issues before the Commission were whether the agreement contained all the mandated terms, was free from prohibited content, and was otherwise appropriate for approval. The applicant argued that the agreement comprehensively addressed all required terms and did not include any unfair provisions. The respondents, however, contended that the agreement failed to include certain mandated terms and contained unfair provisions that contravened the Act.

The Commission thoroughly reviewed the agreement, examining each term and provision against the statutory requirements and principles of fairness. The Commission found that the agreement did indeed include all mandated terms and was free from any unfair content. The Commission concluded that the agreement was fit for purpose and met all legal requirements for approval. The application was therefore granted, and the agreement was approved as per the Fair Work Act 2009.

Allied Concrete Cutting & Drilling 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