DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alsafe Premix Concrete Pty Ltd T/A Alsafe Premix Concrete
(AG2015/923)

ALSAFE PREMIX CONCRETE PTY LTD ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 29 APRIL 2015

Application for approval of the Alsafe Premix Concrete Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Alsafe Premix Concrete Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alsafe Premix Concrete Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Australian Workers’ Union being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2015. The nominal expiry date of the Agreement is 30 April 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved Alsafe Premix Concrete Pty Ltd, trading as Alsafe Premix Concrete, which sought approval for their Enterprise Agreement 2015. The application aimed to resolve various employment terms and conditions for the workers under the Fair Work Act 2009. The legal issues centred around whether the agreement complied with the requirements of the Act, specifically in relation to the provisions concerning redundancy payments and the scope of the agreement’s application.

The court examined whether the Enterprise Agreement 2015 met the statutory requirements for approval, focusing on whether the agreement provided for terms and conditions that were no less favourable than the applicable awards or safety nets. The court also scrutinised whether the agreement was appropriately certified and whether it had been fairly and properly negotiated. The primary concern was whether the agreement correctly addressed the redundancy provisions, ensuring that they were no less favourable than the relevant industrial instruments.

Upon reviewing the evidence and the arguments presented, the court found that the Enterprise Agreement 2015 was compliant with the statutory requirements. The agreement was certified by an authorised officer, and the court was satisfied that it had been fairly and properly negotiated. The court determined that the redundancy provisions were no less favourable than the applicable safety nets and awards. Consequently, the application for approval was granted.

Alsafe Premix Concrete Pty Ltd T/A Alsafe Premix Concrete

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established