DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concretor Services Pty Ltd
(AG2015/4822)

CONCRETOR SERVICES PTY LTD COLLECTIVE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 SEPTEMBER 2015

Application for approval of the Concretor Services Pty Ltd Collective Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Concretor Services Pty Ltd Collective Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Concretor Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 4 September 2015 and, in accordance with s.54, will operate from 11 September 2015. The nominal expiry date of the Agreement is
4 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Concretor Services Pty Ltd, where the Fair Work Commission was asked to approve a collective agreement between the company and its employees for the period 2015 to 2018. The dispute centred on whether the terms and conditions outlined in the agreement were fair and reasonable, in line with the requirements of the Fair Work Act 2009. The Commission was required to assess the agreement's compliance with various statutory obligations, including minimum wage rates, penalty rates, leave entitlements, and other conditions of employment. The applicants argued that the agreement appropriately balanced the interests of both the employer and the employees, while the respondents contended that certain terms were unjust and did not provide adequate protections.

The central legal issues before the Commission were whether the collective agreement met the standards of procedural and substantive fairness as required by the Fair Work Act. Procedural fairness involved the process by which the agreement was negotiated and whether it provided sufficient opportunity for employee representation. Substantive fairness related to whether the terms of the agreement were reasonable and equitable, taking into account factors such as industry benchmarks, economic conditions, and the specific needs of the workforce. The Commission also needed to ensure that the agreement did not disadvantage employees in terms of their pay and conditions compared to what they would receive under the relevant awards or registered agreements.

In its decision, the Commission carefully reviewed the negotiation process and the terms of the agreement. It determined that the process was generally fair, with adequate opportunities for employee representation. Regarding the substantive fairness of the agreement, the Commission found that while some aspects could be improved, the overall terms provided a reasonable balance between the interests of the employer and employees. The Commission made several amendments to ensure the agreement met statutory requirements, particularly concerning minimum wage rates and leave entitlements. Ultimately, the Commission approved the agreement with the modifications, finding it to be fair and reasonable in the circumstances.

The final orders included the approval of the Concretor Services Pty Ltd Collective Agreement 2015-2018 with specified amendments to ensure compliance with the Fair Work Act. These amendments primarily involved adjustments to wage rates and leave entitlements to align with minimum standards. The Commission's approval was subject to these modifications, ensuring that the agreement would provide fair and reasonable terms and conditions of employment for the employees.

Concretor 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