Concrete Reinforcement Services Pty Ltd T/A Concrete Reinforcement Services Pty Ltd Summary

[2024] FWCA 2986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Concrete Reinforcement Services Pty Ltd T/A Concrete Reinforcement Services Pty Ltd

(AG2024/2928)

Building, metal and civil construction industries
COMMISSIONER THORNTON	ADELAIDE, 13 AUGUST 2024

Application for approval of the Concrete Reinforcement Services Pty Ltd NSW Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Concrete Reinforcement Services Pty Ltd NSW Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Concrete Reinforcement Services Pty Ltd T/A Concrete Reinforcement Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

I note that clause 8.4 may be inconsistent with the National Employment Standards in that it provides for compassionate leave but is silent in respect of compassionate leave in the event of miscarriage or stillbirth. Noting the NES precedence clause at 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act from 20 August 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, under the Fair Work Act 2009, considered an application for approval of the Concrete Reinforcement Services Pty Ltd NSW Enterprise Agreement 2024. The applicant, Concrete Reinforcement Services Pty Ltd T/A Concrete Reinforcement Services Pty Ltd, sought to have the enterprise agreement approved, which would then operate under the Act. The agreement in question is a single enterprise agreement aimed at regulating the employment terms and conditions for the company's employees in the building, metal, and civil construction industries.

The central legal issue for the court was to determine whether the agreement met the criteria set out in sections 186, 187, and 188 of the Fair Work Act 2009 for the approval of an enterprise agreement. Specifically, the court needed to examine whether the agreement adhered to the requirements for good faith bargaining, whether it provided for matters that could be included in an enterprise agreement, and whether it complied with the provisions concerning the precedence of the National Employment Standards (NES). Additionally, the court had to address the potential inconsistency between the agreement and the NES, particularly in relation to compassionate leave provisions.

The Commissioner concluded that the agreement met all the necessary criteria for approval. Although there was a discrepancy in the compassionate leave clause, where the agreement did not explicitly mention leave for miscarriage or stillbirth, the Commissioner found that the NES precedence clause ensured that the more beneficial entitlements of the NES would prevail. Given this, the Commissioner was satisfied that the agreement would operate appropriately under the Act. Therefore, the agreement was approved, and it was set to commence on 20 August 2024, with a nominal expiry date of 30 June 2028.

Concrete Reinforcement Services Pty Ltd T/A 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