DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Daracrete Pty Limited
(AG2014/8321)

DARACON GROUP CONCRETE PREMIX ENTERPRISE AGREEMENT 2014-2018

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 11 DECEMBER 2014

Application for approval of the DARACON Group Concrete Premix Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the DARACON Group Concrete Premix Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Daracrete Pty Limited (the Company). The agreement is a single-enterprise agreement.

[2] On 9 December 2014 an undertaking was provided by Ms E Morson, Industrial Relations Manager of the Company. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement is 10 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Daracrete Pty Limited, a company in the concrete premix industry, and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute pertained to the application for the approval of the DARACON Group Concrete Premix Enterprise Agreement 2014-2018. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements for approval. The Commission had to assess whether the agreement was appropriately negotiated, if it included all mandated minimum entitlements, and if it was presented to the Commission within the stipulated timeframe and with the necessary documentation.

The Commission considered that the agreement had been made in good faith, as evidenced by the negotiations between the parties and the fact that the agreement provided for a range of terms and conditions that were consistent with the industry. The Commission found that the agreement contained all the required minimum terms and conditions, and that the parties had followed the appropriate procedures in presenting the agreement for approval. Therefore, the Fair Work Commission approved the DARACON Group Concrete Premix Enterprise Agreement 2014-2018, finding it to be fair and reasonable in all respects.

Daracrete Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established