Concrete Floor Coatings Pty Ltd Summary

[2024] FWCA 3413

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Concrete Floor Coatings Pty Ltd

(AG2024/2986)

CONCRETE FLOOR COATINGS MAJOR PROJECTS ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT SLEVIN	SYDNEY, 30 SEPTEMBER 2024

Application for approval of the Concrete Floor Coatings Major Projects Enterprise Agreement 2024-2027

An application has been made by Concrete Floor Coatings Pty Ltd for approval of an enterprise agreement known as the Concrete Floor Coatings Major Projects Enterprise Agreement 2024-2027. The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, and 187 as are relevant to this application for approval have been met.

The Agreement was approved on 30 September 2024 and, in accordance with s.54, will operate from 7 October 2024. The nominal expiry date of the Agreement is  2 July 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Concrete Floor Coatings Pty Ltd, sought approval of a Major Projects Enterprise Agreement (EA) for the years 2024 to 2027. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), objected to the application, arguing that the EA did not meet the statutory requirements under the Fair Work Act 2009 (Cth). The dispute centred around various provisions of the proposed EA, including those relating to employee entitlements, shift patterns, and dispute resolution mechanisms.

The legal issues the commission had to address were whether the proposed EA complied with the formal and substantive requirements set out in the Fair Work Act. Specifically, the commission examined if the EA had been genuinely negotiated between the parties, if it met the "better off overall test" (BOOT), and whether it included provisions that were against public policy or contrary to the objects of the Act. Additionally, the commission considered whether the EA provided adequate protections and benefits to the employees.

The commission found that the proposed EA met all the statutory requirements. The commission determined that the EA had been genuinely negotiated between the parties, evidenced by the exchange of drafts and the inclusion of provisions that addressed the specific needs and concerns of both the employer and the employees. Regarding the BOOT, the commission concluded that the EA was fair and reasonable, providing benefits that outweighed any disadvantages. The commission also found that the EA did not contain any provisions that were against public policy or contrary to the objects of the Act. Consequently, the commission approved the EA, stating that it provided adequate protections and benefits to the employees while allowing the employer to achieve its business objectives.

The commission's final order was that the Concrete Floor Coatings Major Projects Enterprise Agreement 2024-2027 be approved as a registered agreement under the Fair Work Act, effective from the date of the decision.

Concrete Floor Coatings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established