DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Con-Tec Pty Ltd
(AG2016/7756)

CON-TEC PTY LTD ENTERPRISE AGREEMENT 201

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 15 FEBRUARY 2017

Application for approval of the Con-Tec Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Con-Tec Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Con-Tec 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 22 February 2017. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Con-Tec Pty Ltd was the subject of an application for the approval of an enterprise agreement, the Con-Tec Pty Ltd Enterprise Agreement 2016. The applicant was the Australian Manufacturing Workers' Union (AMWU), and the respondent was Con-Tec Pty Ltd. The Federal Circuit Court was tasked with determining whether the agreement should be approved. The primary legal issue before the court was whether the enterprise agreement complied with the relevant statutory requirements under the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith, if it contained the required minimum terms and conditions, and if the necessary procedures for its making had been followed.

The court examined the process through which the agreement was negotiated and concluded that it had been made in good faith. The AMWU and Con-Tec Pty Ltd had engaged in negotiations and discussions, leading to the creation of the agreement. The court found that the agreement contained the required minimum terms and conditions as stipulated by the Fair Work Act 2009. Additionally, the court determined that the necessary procedures for the making of the agreement had been followed. The AMWU had provided adequate notice to Con-Tec Pty Ltd and had given employees the opportunity to review and discuss the terms of the agreement. The court found no procedural defects that would render the agreement invalid.

Having found that the agreement complied with the statutory requirements, the court approved the Con-Tec Pty Ltd Enterprise Agreement 2016. The final orders of the court mandated that the agreement be registered with the Fair Work Commission and that it would be binding on all parties from the date of registration. The court's decision was based on a thorough analysis of the negotiation process, the content of the agreement, and the compliance with statutory procedures. The approval of the agreement ensured that the terms and conditions set out within it would govern the employment relationship between Con-Tec Pty Ltd and its employees, subject to the provisions of the Fair Work Act 2009.

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