DECISION

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

Concrete Floor Coatings Pty Ltd
(AG2014/8338)

CONCRETE FLOOR COATINGS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 16 DECEMBER 2014

Application for approval of the Concrete Floor Coatings Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 27 November 2014 by Concrete Floor Coatings Pty Ltd for the approval of a single-enterprise agreement known as the Concrete Floor Coatings Pty Ltd Enterprise Agreement 2014(“the Agreement”).

[2] On 15 December 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Concrete Floor Coatings Pty Ltd, represented by its employer, sought approval of the Concrete Floor Coatings Pty Ltd Enterprise Agreement 2014 from the Fair Work Commission. The dispute arose between the employer and various employees represented by the Building and Construction General On-Site Union. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative framework.

The primary legal issues before the Commission involved whether the agreement met the procedural and substantive requirements of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement had been fairly and genuinely negotiated, and whether it adhered to the fair work principles set out in the Act, including those concerning employee protections and workplace rights.

The Fair Work Commission found that the agreement had been fairly and genuinely negotiated between the employer and the union. The Commission determined that the agreement was consistent with the fair work principles and met the procedural and substantive requirements of the Act. Consequently, the Commission approved the agreement, finding that it provided fair and reasonable terms for the employees while balancing the interests of the employer.

No further orders were made by the Commission beyond the approval of the agreement. The decision effectively settled the dispute, affirming the validity of the agreement and its compliance with the statutory framework.

Concrete Floor Coatings 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