DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concrete Wall and Floor Solutions Pty Ltd
(AG2020/2638)

CONCRETE WALL AND FLOOR SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 OCTOBER 2020

Application for approval of the Concrete Wall and Floor Solutions Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Concrete Wall and Floor Solutions Pty Ltd Enterprise Agreement 2020 - 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 Wall and Floor Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2020. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Concrete Wall and Floor Solutions Pty Ltd sought approval of an enterprise agreement for the period 2020-2024 from the Fair Work Commission (FWC). The dispute arose between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The FWC was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement complied with the statutory requirements, specifically whether it was made in good faith and covered all necessary terms. The FWC considered whether the agreement adequately addressed the employees' entitlements and whether it was free from any unfair content. The FWC also assessed if the agreement had been genuinely negotiated between the parties and if it provided for a streamlined dispute resolution process.

The FWC found that the agreement met the statutory criteria for approval. It determined that the agreement was made in good faith and contained all necessary terms. The FWC noted that the agreement covered a broad range of employment conditions, including wages, hours of work, leave provisions, and dispute resolution mechanisms. The FWC concluded that the agreement was fair and balanced, taking into account the interests of both the employer and employees. Accordingly, the FWC approved the enterprise agreement.

The FWC's decision was that the Concrete Wall and Floor Solutions Pty Ltd Enterprise Agreement 2020-2024 was approved and would be registered with the Fair Work Ombudsman. The approval ensured that the agreement would be legally binding on the parties and provide a framework for the employment relationship during the specified period.

Concrete Wall and Floor Solutions 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