Concslab Concrete Pty Ltd

[2016] FWCA 1673

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Concslab Concrete Pty Ltd t/a Concslab Concrete

(AG2016/425)

CONCSLAB CONCRETE PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER ROE

SYDNEY, 18 MARCH 2016

Application for approval of the Concslab Concrete Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Concslab Concrete Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Concslab

Concrete Pty Ltd t/a Concslab Concrete. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Agreement was approved on 18 March 2016 and, in accordance with s.54, will

operate from 25 March 2016. The nominal expiry date of the Agreement is 18 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application to approve the Concslab Concrete Pty Ltd Enterprise Agreement 2015. The applicant, Concslab Concrete Pty Ltd trading as Concslab Concrete, sought approval of the agreement under section 185 of the Fair Work Act 2009. The agreement in question is a single enterprise agreement that does not cover all employees of the employer. The key issue before the Commission was whether the requirements of sections 186, 187 and 188 of the Act were satisfied in the context of this application for approval. Specifically, the Commission needed to determine if the group of employees covered by the agreement was fairly chosen.

The Commission found that the applicant had met the requirements of sections 186, 187 and 188 of the Act as they were relevant to this application. While the agreement did not cover all employees of the employer, the Commission was satisfied that the group of employees was fairly chosen, taking into account the factors outlined in sections 186(3) and 186(3A) of the Act. Given this, the Commission approved the agreement, which will operate from 25 March 2016, and will expire on 18 March 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established