DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Breakaway Concrete Cutting and Drilling (SA) Pty Ltd
(AG2017/4379)

BREAKAWAY CONCRETE CUTTING & DRILLING (SA) PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 1 NOVEMBER 2017

Application for approval of the Breakaway Concrete Cutting & Drilling (SA) Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Breakaway Concrete Cutting & Drilling (SA) Pty Ltd 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 Breakaway Concrete Cutting and Drilling (SA) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2017. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Breakaway Concrete Cutting and Drilling (SA) Pty Ltd, the Fair Work Commission was tasked with determining whether the Breakaway Concrete Cutting & Drilling (SA) Pty Ltd Enterprise Agreement 2017 should be approved. The application for approval was brought by the employer, and the dispute centred around the terms and conditions outlined in the proposed agreement.

The central legal issues before the Commission involved whether the agreement complied with the statutory requirements of the Fair Work Act 2009, including whether it met the criteria for a lawful and fair enterprise agreement. Specifically, the Commission needed to assess whether the agreement provided for the protection of employees' rights, whether it was genuinely negotiated, and whether it complied with the good faith bargaining obligations under the Act.

In reaching its decision, the Commission considered the evidence provided by both parties and the broader context of industrial relations law. It determined that the agreement was fair and lawful, having been genuinely negotiated and meeting the necessary statutory requirements. The Commission concluded that the agreement was in the best interests of the employees and approved it accordingly. The approval of the agreement ensures that the terms and conditions of employment for the relevant workforce are now legally recognised and binding.

Breakaway Concrete Cutting and Drilling (SA) 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