DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crosato Pty Ltd T/A Austral Shotcrete Constructions
(AG2019/1850)

AUSTRAL SHOTCRETE CONSTRUCTIONS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 30 JULY 2019

Application for approval of the Austral Shotcrete Constructions Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Austral Shotcrete Constructions Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Crosato Pty Ltd T/A Austral Shotcrete Constructions. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 8 July 2019.

[3] On 17 July 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 25 July 2019. The undertaking deals with the following topics:

• The nominal expiry date of the Agreement shall be 4 years from the date of approval.

• Employer deductions from terminated employees are limited to those allowed by section 324 of the Act.

• Employees required to work underground are provided an underground allowance of $0.41 per hour.

[5] No bargaining representatives were appointed.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 29 July 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Crosato Pty Ltd, trading as Austral Shotcrete Constructions, and its employees. The primary dispute was the application for approval of the Austral Shotcrete Constructions Enterprise Agreement 2019 by the Fair Work Commission. This agreement was intended to regulate the terms and conditions of employment for employees within the company.

The legal issues before the court encompassed the validity and fairness of the proposed enterprise agreement under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement complied with the legislative requirements, including the provisions for minimum entitlements and whether it was genuinely negotiated and not coerced. Additionally, the court had to assess the procedural fairness in the negotiation and execution of the agreement.

The Fair Work Commission, in its decision, meticulously reviewed the agreement against the statutory criteria. It found that the agreement was indeed negotiated in good faith and met the minimum standards set by the Fair Work Act. The Commission concluded that the agreement was not only procedurally fair but also substantively fair, providing adequate protection for the employees' rights and interests. Consequently, the Commission approved the agreement, ensuring its compliance with the legislative framework and its suitability for the employees of Austral Shotcrete Constructions.

Crosato Pty Ltd T/A Austral Shotcrete Constructions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established