DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ATB Industrial Employment Pty Ltd T/A CIA Precast Concrete
(AG2017/2685)

ATB INDUSTRIAL EMPLOYMENT (PRECAST CONCRETE DIVISION) ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER MCKINNON	MELBOURNE, 4 AUGUST 2017

Application for approval of the ATB Industrial Employment (Precast Concrete Division) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ATB Industrial Employment (Precast Concrete Division) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ATB Industrial Employment Pty Ltd T/As CIA Precast Concrete 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2017. The nominal expiry date of the Agreement is 10 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, ATB Industrial Employment, trading as CIA Precast Concrete, sought approval of the ATB Industrial Employment (Precast Concrete Division) Enterprise Agreement 2017. The application was heard in the Fair Work Commission by a Deputy President. The dispute arose from the need for the enterprise agreement to be approved under the Fair Work Act 2009 to ensure compliance with the legislative requirements for such agreements. The legal issues before the court were whether the agreement met the criteria for approval under the Act, particularly focusing on whether it provided for the mandatory terms and whether it complied with the good faith bargaining requirements.

The court examined the content of the agreement and the bargaining process to determine if it met the statutory requirements. The Deputy President considered whether the agreement contained all the mandatory terms prescribed by the Act and whether the parties had engaged in genuine and meaningful negotiations. The court also looked at whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific industry and economic context. Ultimately, the Deputy President concluded that the agreement satisfied the necessary legislative criteria and was made in good faith, warranting approval.

The Deputy President approved the ATB Industrial Employment (Precast Concrete Division) Enterprise Agreement 2017, finding it met the requirements of the Fair Work Act 2009. The agreement was deemed to provide for the mandatory terms and to reflect the outcome of good faith bargaining. The court's approval was based on the comprehensive nature of the agreement, its alignment with the statutory provisions, and the evidence presented regarding the bargaining process. The final orders included the formal approval of the enterprise agreement, which would now govern the employment conditions for the Precast Concrete Division of the applicant's business.

ATB Industrial Employment Pty Ltd T/A CIA Precast Concrete

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established