DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Con-Tec Pty Ltd
(AG2020/1219)

CON-TEC PTY LTD ENTERPRISE AGREEMENT 2020

Cement and concrete products
COMMISSIONER JOHNS	SYDNEY, 14 MAY 2020

Application for approval of the Con-Tec Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Con-Tec Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Con-Tec 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] 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) 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 21 May 2020. The nominal expiry date of the Agreement is 13 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Con-Tec Pty Ltd sought approval of an enterprise agreement with its employees. The application was brought before the Fair Work Commission. The nature of the dispute involved whether the agreement met the necessary legal requirements to be approved and registered. The Commission was tasked with examining the agreement's provisions to ensure it complied with the Fair Work Act 2009 and other relevant legislation. Specifically, the Commission needed to assess whether the agreement appropriately addressed matters such as minimum entitlements, procedural fairness, and the protection of employees' rights.

The central legal issues before the Commission were whether the agreement provided fair and reasonable terms for employees and whether it complied with the statutory requirements for enterprise agreements. The Commission evaluated various provisions of the agreement, including those related to employment conditions, dispute resolution, and procedural fairness. The Commission also considered submissions from the parties and relevant industry standards to ensure the agreement was balanced and equitable. Additionally, the Commission examined if the agreement met the procedural requirements, such as whether the agreement was genuinely negotiated and if there was adequate consultation with the employees.

After thorough consideration, the Commission found that the agreement met the necessary legal standards. It determined that the agreement provided fair and reasonable terms for employees, taking into account industry standards and the need for procedural fairness. The Commission was satisfied that the agreement was genuinely negotiated and that there was adequate consultation with the employees. Consequently, the Commission approved the Con-Tec Pty Ltd Enterprise Agreement 2020 and ordered its registration. This approval ensures that the agreement will legally bind the parties and protect the rights of the employees as per the statutory requirements.

Con-Tec 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