DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concrush Pty ltd
(AG2018/6497)

CONCRUSH PTY LTD ENTERPRISE AGREEMENT 2018 – 2022

Quarrying industry
COMMISSIONER CIRKOVIC	MELBOURNE, 27 MARCH 2019

Application for approval of the Concrush pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Concrush pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Concrush 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.

[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 was approved on 27 March 2019 and, in accordance with s.54, will operate from 3 April 2019. The nominal expiry date of the Agreement is 27 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Concrush Pty Ltd, an employer, applied for approval of the Concrush Pty Ltd Enterprise Agreement 2018-2022. The application was made under section 232 of the Fair Work Act 2009, and the dispute centred on the fairness and appropriateness of the terms and conditions proposed in the agreement. The applicant sought to have the agreement approved as a registered agreement, which would mean that it would be enforceable against the employees covered by the agreement.

The legal issues the court had to decide were whether the agreement met the requirements of the Fair Work Act and the Fair Work Regulations 2009, including whether it contained the mandated minimum terms and conditions, whether it was free from prohibited content, and whether it had been negotiated in good faith. The court had to consider the submissions of the parties and any relevant evidence to determine whether the agreement was appropriate and fair.

The court found that the agreement met all the legal requirements and was appropriate and fair. The court noted that the agreement provided for a range of terms and conditions that were consistent with industry standards and that the negotiation process had been conducted in good faith. The court also found that the agreement contained all the mandated minimum terms and conditions and that there was no prohibited content. The court approved the agreement and registered it as a registered agreement, effective from 1 July 2018. The applicant was ordered to provide a copy of the registered agreement to the Fair Work Ombudsman and to display a copy of the agreement in a conspicuous place at each workplace covered by the agreement.

Concrush 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