DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Daracrete Pty Limited T/A Daracon Group
(AG2019/2716)

DARACON GROUP PREMIXED CONCRETE ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER MCKINNON	MELBOURNE, 30 AUGUST 2019

Application for approval of the Daracon Group Premixed Concrete Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Daracon Group Premixed Concrete Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Daracrete Pty Limited T/A Daracon Group.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2019. The nominal expiry date of the Agreement is 10 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Daracrete Pty Limited trading as Daracon Group, applied for the approval of the Daracon Group Premixed Concrete Enterprise Agreement 2019. The applicant sought to have the agreement made under the Fair Work Act 2009 approved as a registered agreement. The dispute centred around the terms and conditions of employment set out in the proposed agreement and whether they met the criteria for approval under the relevant legislation.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. This included whether the agreement provided for a minimum rate of pay and conditions of employment that met or exceeded the national minimum standards, and whether the agreement had been negotiated in good faith and contained provisions for the protection of employees. The Commission also had to consider whether the agreement was in the interests of promoting conciliation, arbitration, and the settlement of industrial disputes.

After considering the submissions and evidence from both parties, the Commission determined that the agreement met the criteria for approval. The Commission found that the agreement provided for a minimum rate of pay and conditions of employment that met or exceeded the national minimum standards, and that the agreement had been negotiated in good faith. The Commission also found that the agreement contained provisions for the protection of employees and was in the interests of promoting conciliation, arbitration, and the settlement of industrial disputes. Accordingly, the Commission approved the Daracon Group Premixed Concrete Enterprise Agreement 2019 as a registered agreement.

The Commission's decision to approve the agreement as a registered agreement is a significant outcome for the applicant, as it provides certainty and stability to the employment relationship between the applicant and its employees. The approval of the agreement also ensures that the terms and conditions of employment are fair and reasonable, and that they meet the requirements of the Fair Work Act. The decision provides guidance to other employers and employees in the premixed concrete industry, and reinforces the importance of negotiated agreements in promoting industrial harmony and resolving disputes.

Daracrete Pty Limited T/A Daracon Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established