Concrete Reinforcement Services Pty Ltd Summary

[2013] FWCA 7778

FAIR WORK COMMISSION

DECISION

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

Concrete Reinforcement Services Pty Ltd
(AG2013/9645)

CONCRETE REINFORCEMENT SERVICES PTY LTD LEGACY WAY ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 8 OCTOBER 2013

Application for approval of the Concrete Reinforcement Services Pty Ltd Legacy Way Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 30 September 2013 by Concrete Reinforcement Services Pty Ltd for the approval of a Greenfields agreement known as the Concrete Reinforcement Services Pty Ltd Legacy Way Enterprise Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[4] On 8 October 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] 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.

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

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Concrete Reinforcement Services Pty Ltd applied for approval of its 2013 Enterprise Agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard in the Fair Work Commission (FWC). The applicant argued that the agreement was made in good faith and was fair and reasonable, as required by section 232 of the Fair Work Act 2009. The CFMEU contested the application, arguing that the agreement was unfair because it did not provide for adequate pay increases and did not adequately protect employees' working conditions.

The FWC examined whether the agreement met the statutory requirements for approval. This included assessing whether the agreement was made in good faith, whether it was fair and reasonable, and whether it complied with the provisions of the Fair Work Act. The FWC also considered the submissions from both parties and the evidence provided. The court had to determine if the agreement was made in good faith, if it was fair and reasonable, and if it complied with the Fair Work Act.

The FWC found that the agreement was made in good faith and was fair and reasonable. The applicant demonstrated that it had engaged in genuine bargaining with the union and had taken into account the interests of its employees. The FWC also found that the agreement provided for reasonable pay increases and adequately protected employees' working conditions. The court concluded that the agreement met the statutory requirements for approval.

The FWC approved the Concrete Reinforcement Services Pty Ltd Legacy Way Enterprise Agreement 2013. The agreement was deemed to be fair and reasonable, and it complied with the provisions of the Fair Work Act. The applicant's application was successful, and the agreement was approved.

Concrete Reinforcement Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established