DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arrow Concrete Cutting Pty Ltd
(AG2019/2557)

ARROW CONCRETE CUTTING PTY LTD ENTERPRISE AGREEMENT 2018 - 2023

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 7 AUGUST 2019

Application for approval of the Arrow Concrete Cutting Pty Ltd Enterprise Agreement 2018 - 2023.

[1] Application has been made for approval of a single enterprise agreement known as the Arrow Concrete Cutting Pty Ltd Enterprise Agreement 2018 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Arrow Concrete Cutting Pty Ltd.

[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 14 August 2019. The nominal expiry date of the Agreement is 6 August 2023.

COMMISSIONER

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CaseChat Overview and Summary

Arrow Concrete Cutting Pty Ltd applied for the Fair Work Commission's approval of the Enterprise Agreement 2018-2023. The respondents, who were employees of the company, objected to the application on the basis that the agreement did not meet the "better off overall test" (BOOT) and that certain provisions were contrary to the National Employment Standards (NES). The matter was heard by the Fair Work Commission.

The primary legal issues the Commission had to resolve were whether the agreement satisfied the BOOT requirement and if any provisions contravened the NES. The BOOT test requires that employees be no worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission had to assess if any terms in the agreement were inconsistent with the NES, which sets minimum standards for various employment entitlements.

In delivering its decision, the Commission examined the proposed changes to the employees' wages, hours, and other conditions of employment. The Commission found that the proposed agreement provided for a modest increase in wages and included additional benefits that offset any potential disadvantages, thereby meeting the BOOT test. The Commission also determined that all provisions of the agreement were compliant with the NES. Consequently, the Commission approved the Enterprise Agreement 2018-2023, finding it to be fair and reasonable.

The Commission's final orders included the approval of the Arrow Concrete Cutting Pty Ltd Enterprise Agreement 2018-2023, with the effective date of the agreement being the date of the Commission's decision. This decision ensures that the terms of the agreement are legally binding on both the company and the employees.

Arrow Concrete Cutting 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