DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat Concrete Products Pty Ltd T/A Sovereign Concrete Products
(AG2017/4735)

SOVEREIGN CONCRETE PRODUCTS AND THE AUSTRALIAN WORKERS UNION ENTERPRISE AGREEMENTS 2015

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 27 OCTOBER 2017

Application for approval of the Sovereign Concrete Products and The Australian Workers’ Union Enterprise Agreement 2015.

[1] On 9 October 2017 Ballarat Concrete Products Pty Ltd T/A Sovereign Concrete Products (Applicant) made an application for approval of the Sovereign Concrete Products and The Australian Workers Union Enterprise Agreements 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

[2] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 3 November 2017. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court was an application by Ballarat Concrete Products Pty Ltd, trading as Sovereign Concrete Products, for approval of the Sovereign Concrete Products and The Australian Workers’ Union Enterprise Agreement 2015. The union representing the employees, The Australian Workers’ Union, did not oppose the application. The court was required to determine whether the agreement met the necessary criteria for approval under the relevant industrial relations legislation. Specifically, the court had to assess whether the agreement provided for the fair and reasonable terms of employment and if it complied with the procedural requirements for enterprise agreements.

The court examined the application and the agreement, noting that the union did not raise any objections. The primary focus was on whether the agreement contained terms that were fair and reasonable, and whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act 2009. The court considered the submissions from the applicant and the lack of opposition from the union, and determined that the agreement was straightforward and met the necessary criteria. The court found that the agreement provided for fair and reasonable terms of employment and was made in accordance with the relevant procedural requirements.

In conclusion, the court approved the Sovereign Concrete Products and The Australian Workers’ Union Enterprise Agreement 2015, finding that it met the necessary criteria for approval. The union's lack of opposition and the straightforward nature of the agreement supported the court's decision. The final orders of the court were that the agreement be approved and registered under the Fair Work Act 2009.

Ballarat Concrete Products Pty Ltd T/A Sovereign Concrete Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established