DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Denrith Pty Ltd
(AG2017/3599)

CONCRETE 4 GOULBURN ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER MCKINNON	MELBOURNE, 11 JANUARY 2018

Application for approval of the Concrete 4 Goulburn Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Concrete 4 Goulburn Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Denrith Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2018. The nominal expiry date of the Agreement is 10 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Denrith Pty Ltd, an employer, and the Concrete Workers Union, representing the employees. The dispute centred around the approval of the Concrete 4 Goulburn Enterprise Agreement 2017, which the union sought to have certified as a modern award. The case was heard in the Fair Work Commission, a body established to manage workplace relations in Australia.

The key legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for a modern award, including whether it provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. The Commission also considered whether the agreement adequately protected employees' rights and interests.

The Fair Work Commission examined the proposed agreement in detail, focusing on the bargaining process and the terms contained within it. The Commission concluded that the agreement had been negotiated in good faith and that it provided fair and reasonable terms and conditions for the employees. The agreement was deemed to be a modern award as it met all the statutory requirements, including the protection of employees' rights and interests. As a result, the Commission approved the Concrete 4 Goulburn Enterprise Agreement 2017.

The Fair Work Commission's final orders included the approval of the Concrete 4 Goulburn Enterprise Agreement 2017 as a modern award. This decision effectively formalised the agreement and ensured that it would apply to the employees represented by the union. The Commission's approval signified that the agreement was deemed to be fair and reasonable, and it provided a basis for future employment relations between Denrith Pty Ltd and its employees.

Denrith Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established