DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dynamite Concrete Pty Ltd
(AG2019/1205)

DYNAMITE CONCRETE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 10 JULY 2019

Application for approval of the Dynamite Concrete Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Dynamite Concrete Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dynamite Concrete Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 17 July 2019. The nominal expiry date of the Agreement is 9 July 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the Dynamite Concrete Enterprise Agreement 2019, the Fair Work Commission heard arguments from representatives of Dynamite Concrete Pty Ltd and the union for its employees. The application sought the commission's endorsement of the agreement, which detailed terms of employment for the workers. The union argued that certain provisions of the agreement were not adequately favourable to its members, while the company contended that the agreement was fair and in line with industry standards.

The commission was required to consider whether the agreement complied with the relevant legislative provisions and if it was made in good faith. Key issues included the fairness of wage rates, the adequacy of the leave provisions, and the overall balance of the agreement in favour of the employees. The union raised concerns about the lack of adequate provisions for overtime and the insufficient recognition of long service leave, while the company defended the agreement as being a fair and reasonable compromise.

The commission, after reviewing the submissions and the evidence presented, determined that while the agreement had some merit, certain provisions did not meet the standards required for fairness. The commission found that the wage rates and leave provisions did not adequately reflect the needs and expectations of the employees. Consequently, the commission did not approve the agreement as it stood. The commission ordered that the agreement be returned to the parties for further negotiation, with specific directions to address the identified deficiencies. The final orders required the parties to re-engage in good faith to revise the agreement to meet the legal requirements for fairness and approval.

Dynamite Concrete 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