DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concrete Reinforcement Services Pty Ltd
(AG2021/8271)

CONCRETE REINFORCEMENT SERVICES PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 23 NOVEMBER 2021

Application for approval of the Concrete Reinforcement Services Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Concrete Reinforcement Services Pty Ltd Enterprise Agreement 2021 (Agreement). The application was made by Concrete Reinforcement Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2021. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

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CaseChat Overview and Summary

Concrete Reinforcement Services Pty Ltd, an employer, applied to the Fair Work Commission for the approval of the Concrete Reinforcement Services Pty Ltd Enterprise Agreement 2021, which aimed to regulate the terms and conditions of employment for its employees. The application followed negotiations between the employer and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The nature of the dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for the agreement to meet the "better off overall test" and not undermine the federal safety net of minimum wages and conditions.

The primary legal issues the court had to resolve were whether the proposed agreement complied with the statutory requirements and if it passed the "better off overall test". The court examined if the agreement provided employees with conditions no less favourable than the applicable award or safety net provisions, and if it contained terms that could be considered unfair or unreasonable. Furthermore, the court considered whether the agreement included provisions that were contrary to public policy or had an undue impact on small businesses.

In delivering its decision, the Fair Work Commission found that the proposed agreement met the statutory requirements under the Fair Work Act 2009. The commission concluded that the agreement satisfied the "better off overall test" and did not undermine the federal safety net. The court determined that the agreement contained provisions that were fair and reasonable and did not contravene public policy or impose an undue burden on small businesses. As a result, the Fair Work Commission approved the Concrete Reinforcement Services Pty Ltd Enterprise Agreement 2021.

Concrete Reinforcement Services 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