DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concrete Constructions (WA) Pty Ltd
(AG2017/687)

CONCRETE CONSTRUCTIONS ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 APRIL 2017

Application for approval of the Concrete Constructions Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Concrete Constructions 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 Concrete Constructions (WA) 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 1 May 2017. The nominal expiry date of the Agreement is 23 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Concrete Constructions (WA) Pty Ltd was involved in an application for the approval of the Concrete Constructions Enterprise Agreement 2017, which was brought before the Fair Work Commission. The dispute centred around the terms and conditions of the proposed enterprise agreement, which the applicants sought to have certified as applicable to their employees. The applicants argued that the agreement contained fair and reasonable terms and conditions of employment, while the respondents contested certain provisions, arguing they were not in the best interests of the employees.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly concerning the balance of rights, interests, and obligations, and whether the agreement was made in good faith and covered matters that were genuinely negotiable. The Commission had to determine whether the agreement was procedurally valid and substantively fair, considering the relevant provisions of the Act and any applicable awards or agreements.

The Commission found that the agreement met the procedural requirements and was made in good faith. After considering the evidence and submissions, the Commission concluded that the agreement contained fair and reasonable terms and conditions of employment. The Commission also found that the agreement covered genuinely negotiable matters and was in the best interests of the employees. Consequently, the Commission approved the Concrete Constructions Enterprise Agreement 2017, deeming it to be a valid and enforceable enterprise agreement.

The Fair Work Commission ordered that the Concrete Constructions Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009. The agreement was to apply to the employees of Concrete Constructions (WA) Pty Ltd from the date of the decision. This approval meant that the terms and conditions set out in the agreement would govern the employment relationship between the company and its employees, subject to the ongoing obligations of the parties under the Fair Work Act.

Concrete Constructions (WA) 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