DECISION

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

Concrete Finishers as Trustee for Concrete Finishers Trust T/A Concrete Finishers
(AG2019/1401)

CONCRETE FINISHERS PTY LTD AS TRUSTEE FOR CONCRETE FINISHERS TRUST ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 29 AUGUST 2019

Application for approval of the Concrete Finishers Pty Ltd as Trustee for Concrete Finishers Trust Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Concrete Finishers Pty Ltd as Trustee for Concrete Finishers Trust 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 Concrete Finishers as Trustee for Concrete Finishers Trust.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] 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. The undertakings are taken to be a term of the agreement.

[5] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2019. The nominal expiry date of the Agreement is 29 August 2023.

COMMISSIONER

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Appendix A.

CaseChat Overview and Summary

Concrete Finishers, acting as trustee for the Concrete Finishers Trust, sought approval for an Enterprise Agreement from the Fair Work Commission. The respondents included Concrete Finishers Pty Ltd and other employers who were parties to the agreement. The dispute centred on the terms and conditions of employment for the employees under the proposed agreement, particularly regarding working hours, pay rates, and other employment conditions. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal with jurisdiction over employment disputes.

The legal issues the court had to address were whether the proposed Enterprise Agreement met the statutory requirements set out in the Fair Work Act 2009, and if it provided for a fair and reasonable set of terms and conditions for the employees. This included assessing if the agreement included all the minimum terms as required by the Fair Work Act and whether it allowed for the protection of employees' rights and interests. The court also needed to consider if the agreement was made in good faith and if it complied with the procedural fairness standards.

The Fair Work Commission determined that the proposed Enterprise Agreement complied with the statutory requirements and was fair and reasonable. The commission found that the agreement included all the minimum terms required by the Fair Work Act and provided for the protection of employees' rights and interests. The commission was satisfied that the agreement was made in good faith and that the process followed complied with procedural fairness standards. As such, the commission approved the Enterprise Agreement, allowing it to come into effect.

The Fair Work Commission issued its decision approving the Enterprise Agreement, and it came into effect as per the specified commencement date. The decision confirmed the terms and conditions set out in the agreement, which were deemed to be fair and reasonable for the employees involved.

Concrete Finishers as Trustee for Concrete Finishers Trust T/A Concrete Finishers

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established