DECISION

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

Concrete Recyclers (NSW) Pty Ltd; Crusher Rentals
(AG2014/10170)

CONCRETE RECYCLERS (NSW) PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 JANUARY 2015

Application for approval of the Concrete Recyclers (NSW) Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Concrete Recyclers (NSW) Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Concrete Recyclers (NSW) Pty Ltd; Crusher Rentals (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 13 January 2014, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 22 January 2019.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Concrete Recyclers (NSW) Pty Ltd; Crusher Rentals is a case heard by the Fair Work Commission, where the company sought approval for the Concrete Recyclers (NSW) Pty Ltd Enterprise Agreement 2014-2018. The dispute centred on the terms and conditions of employment for employees covered by the agreement. The application was brought by the employer, Concrete Recyclers (NSW) Pty Ltd, and the relevant union, Crusher Rentals, was also a party to the proceedings.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for minimum terms and conditions, was free from prohibited content, and did not have an adverse effect on safety and health. The Commission also needed to determine if the agreement had been genuinely negotiated and if it was in the best interests of the employees.

The Fair Work Commission approved the application, finding that the agreement was in compliance with the legislative requirements. The Commission determined that the proposed agreement provided for fair and reasonable minimum terms and conditions, was free from prohibited content, and did not have an adverse effect on safety and health. The Commission further found that the agreement had been genuinely negotiated and was in the best interests of the employees, given the specific circumstances of the workplace and the parties involved. As a result, the Fair Work Commission approved the Concrete Recyclers (NSW) Pty Ltd Enterprise Agreement 2014-2018, making it a legally binding document for the duration of the agreement.

Concrete Recyclers (NSW) Pty Ltd; Crusher Rentals

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established