DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Concrete Cutting & Drilling Pty Ltd
(AG2021/6741)

ACCD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 SEPTEMBER 2021

Application for approval of the ACCD Enterprise Agreement 2021.

[1] Allied Concrete Cutting & Drilling Pty Ltd has made an application for approval of an enterprise agreement known as the ACCD Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

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

[4] The Agreement was approved on 7 September 2021 and, in accordance with s 54, will operate from 14 September 2021. The nominal expiry date of the Agreement is 14 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE512994 PR733594>
Annexure A

CaseChat Overview and Summary

Allied Concrete Cutting & Drilling Pty Ltd (ACCD) recently sought approval for the ACCD Enterprise Agreement 2021 before the Fair Work Commission. The applicant, ACCD, is a company in the concrete cutting and drilling industry, and the dispute revolves around the terms and conditions of employment for its workers as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements for approval. Procedurally, the Commission needed to ascertain if the agreement was genuinely negotiated and whether the requisite processes were followed. Substantively, the Commission had to evaluate whether the agreement provided for fair and reasonable terms and conditions of employment, including pay and conditions, dispute resolution mechanisms, and other essential matters.

The Fair Work Commission found that the agreement was genuinely negotiated and that all required procedural steps were followed. In terms of the substantive content, the Commission determined that the agreement provided for fair and reasonable terms and conditions of employment. The agreement addressed key areas such as pay rates, working hours, leave entitlements, and dispute resolution processes. The Commission was satisfied that the agreement was not contrary to public policy and that it provided for appropriate safeguards for employees. Consequently, the Commission approved the ACCD Enterprise Agreement 2021.

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