Davcote Pty Ltd T/A CIA Precast Concrete

[2014] FWCA 3680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Davcote Pty Ltd T/A CIA Precast Concrete
(AG2014/521)

CIA PRECAST CONCRETE ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 3 JUNE 2014

Application for approval of the CIA Precast Concrete Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CIA Precast Concrete Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Davcote Pty Ltd trading as CIA Precast Concrete (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] Fair Work Commission received correspondence dated 2 June 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Group Resource Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 10 June 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Davcote Pty Ltd, trading as CIA Precast Concrete, applied to the Fair Work Commission for approval of the CIA Precast Concrete Enterprise Agreement 2014. The application came before the commission for determination of its validity and enforceability. The legal issues revolved around whether the agreement met the formal requirements for approval under the Fair Work Act 2009 and if the agreement was fair and reasonable in its terms. The commission needed to examine if the agreement was genuinely bargained for between the employer and the employees and if it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission held that the agreement substantially complied with the formal requirements for approval, including the provisions for employee representation and the manner of communication to employees. The commission assessed the fairness of the agreement by considering the balance of the parties' bargaining power, the nature of the enterprise, and the terms and conditions contained within the agreement. The commission determined that the agreement was fair and reasonable, taking into account the context of the industry and the specific terms negotiated between the parties. The commission found that the agreement provided for a reasonable balance of rights and obligations and met the criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the CIA Precast Concrete Enterprise Agreement 2014, finding it to be a lawful and fair agreement. The decision was made on the basis that the agreement met the formal requirements for approval and provided for fair and reasonable terms and conditions of employment. The commission's approval of the agreement ensures that it can be enforced as a binding contract between Davcote Pty Ltd and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established