DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Civilbuild Precast Pty Ltd
(AG2014/10472)

CIVILBUILD PRECAST PTY LTD ENTERPRISE AGREEMENT

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 17 FEBRUARY 2015

Application for approval of the Civilbuild Precast Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known asthe Civilbuild Precast Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civilbuild Precast Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union, Newcastle, Central Coast & Northern Regions Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

Civilbuild Precast Pty Ltd, represented by its authorised officer, applied for the approval of an enterprise agreement in accordance with the Fair Work Act 2009. The application was made to the Fair Work Commission. The applicant, Civilbuild Precast Pty Ltd, is a company engaged in the precast concrete manufacturing industry. The dispute centred on the approval of a proposed enterprise agreement that aimed to set out the terms and conditions of employment for its workers. The agreement was subject to scrutiny to ensure it complied with the statutory requirements under the Fair Work Act.

The primary legal issues before the Commission were whether the agreement met the standards set out in the Fair Work Act and whether it was genuinely bargained. The Commission had to consider various aspects, including the process of bargaining, the content of the agreement, and whether it complied with the provisions of the Fair Work Act. The Commission also needed to ensure that the agreement did not undermine the safety net of minimum entitlements and that it was in the best interests of the employees.

After reviewing the application and submissions, the Commission found that the agreement had been genuinely bargained and met all the statutory requirements. The Commission was satisfied that the process of bargaining was fair and that the agreement contained terms and conditions that were reasonable and in the best interests of the employees. The Commission noted that the agreement provided for a fair and equitable distribution of benefits and obligations, and it did not undermine the safety net of minimum entitlements. Consequently, the Commission approved the enterprise agreement, and it will now be applicable to the workers of Civilbuild Precast Pty Ltd.

Civilbuild Precast 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