DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concrete Recyclers (NSW) Pty Ltd
(AG2018/3037)

CONCRETE RECYCLERS (NSW) PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 20 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Concrete Recyclers (NSW) Pty Ltd 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 Recyclers (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 20 February 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Concrete Recyclers (NSW) Pty Ltd, the Fair Work Commission was asked to approve an Enterprise Agreement. The applicant, Concrete Recyclers (NSW) Pty Ltd, sought the approval of an Enterprise Agreement that had been negotiated with various trade unions representing its employees. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, which was to be applied to workers across several sites in New South Wales.

The key legal issues that the Commission had to resolve involved whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for minimum rates of pay and conditions, was free from prohibited content, and whether it had been negotiated in good faith. The unions representing the employees argued that certain provisions of the agreement were unfair and did not meet the statutory standards.

The Fair Work Commission, after considering the submissions from both parties, found that the Enterprise Agreement did not meet the statutory requirements in several respects. The Commission highlighted that certain clauses regarding the calculation of penalty rates and the classification of employees were not compliant with the Act. As a result, the Commission refused to approve the agreement. The reasoning was based on the need to ensure that the terms of employment were fair and protected the rights of the employees as mandated by the Fair Work Act 2009.

The final orders of the Commission were that the Enterprise Agreement proposed by Concrete Recyclers (NSW) Pty Ltd be refused approval due to non-compliance with statutory requirements. The Commission directed that the existing awards continue to apply until a compliant agreement could be negotiated.

Concrete Recyclers (NSW) 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