Concrete Integrity Pty Ltd & STG Pumps Pty Ltd Summary

[2016] FWCA 1798

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Concrete Integrity Pty Ltd; STG Pumps Pty Ltd

(AG2016/434)

CONCRETE INTEGRITY PTY LTD ENTERPRISE AGREEMENT 2015

- 2019

Building, metal and civil construction industries

COMMISSIONER LEE

MELBOURNE, 22 MARCH 2016

Application for approval of the Concrete Integrity Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the

Concrete Integrity Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by

Concrete Integrity Pty Ltd, STG Pumps Pty Ltd. The Agreement is a single enterprise

agreement.

[2] 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 1798

[4] The Agreement was approved on 22 March 2016 and, in accordance with s.54, will

operate from 29 March 2016. The nominal expiry date of the Agreement is 21 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Concrete Integrity Pty Ltd and STG Pumps Pty Ltd. They jointly applied for the approval of an enterprise agreement, the Concrete Integrity Pty Ltd Enterprise Agreement 2015-2019. This agreement was made under the Fair Work Act 2009 and sought approval for its terms and conditions, which would govern the employment relationship between the companies and their employees. The application for approval was heard by Commissioner Lee in Melbourne.

The central legal issue before the court was whether the application for approval of the enterprise agreement met the requirements set out in sections 186, 187, and 188 of the Fair Work Act 2009. These sections outline the criteria that must be satisfied for an enterprise agreement to be approved, including aspects such as the agreement's content, the manner in which it was made, and the process followed in its approval. Additionally, the court had to consider whether the model flexibility term prescribed by the Fair Work Regulations 2009 was incorporated into the agreement as required.

The court found that all the necessary criteria for the approval of the enterprise agreement had been met. Commissioner Lee confirmed that the application fulfilled the requirements of sections 186, 187, and 188 of the Act, including the incorporation of the model flexibility term. Consequently, the agreement was approved under section 185 of the Act. The agreement was set to operate from 29 March 2016, with a nominal expiry date of 21 March 2020. The formal approval of the agreement was issued on 22 March 2016.

Concrete Integrity Pty Ltd & STG Pumps Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established