DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concrete By Design Pty Ltd
(AG2019/367)

CONCRETE BY DESIGN PTY LTD ENTERPRISE AGREEMENT 2019 – 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 JULY 2019

Application for approval of the Concrete By Design Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Concrete By Design Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Concrete By Design Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 signed Agreement lodged in the Commission with the application contained a referencing error on page 13. On 24 July 2019 the Applicant filed an amended copy of page 13 pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement was approved on 26 July 2019 and, in accordance with s.54, will operate from 2 August 2019. The nominal expiry date of the Agreement is 1 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Concrete By Design Pty Ltd was before the Fair Work Commission, with the applicant seeking approval of the Enterprise Agreement 2019 - 2023. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009. The primary issue was whether the agreement, which had been made by the applicant and the Construction, Forestry, Maritime, Mining and Energy Union, met the statutory criteria for an enterprise agreement under the Fair Work Act. Specifically, the court had to consider if the agreement included the minimum terms and conditions as required by the Act, and whether it had been fairly negotiated.

The court examined the contents of the agreement and assessed whether it contained all the minimum terms and conditions set out in the Fair Work Act. It was also necessary to determine if the agreement had been made in good faith and without coercion, as required by the legislative framework. The court reviewed the negotiation process and evidence provided by both parties to ascertain if the agreement was indeed the result of genuine bargaining. Additionally, the court had to ensure that the agreement did not adversely affect employees' rights and protections under the Fair Work Act.

Upon reviewing the evidence and arguments presented by both parties, the court concluded that the Enterprise Agreement 2019 - 2023 did meet the statutory requirements under the Fair Work Act. The court found that all minimum terms and conditions were included, and there was no evidence of unfair negotiation or coercion. Consequently, the court approved the agreement, finding it to be compliant with the legislative requirements. The final orders confirmed the approval of the Enterprise Agreement 2019 - 2023, effective from the date of the decision.

Concrete By Design 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