DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eifers Concrete Pty Ltd T/A Eifers Group
(AG2017/5652)

EIFERS GROUP ENTERPRISE AGREEMENT 2017 TO 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the Eifers Group Enterprise Agreement 2017 to 2021.

[1] An application has been made for approval of an enterprise agreement known as the Eifers Group Enterprise Agreement 2017 to 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eifers Concrete Pty Ltd T/A Eifers Group. The Agreement is a multi-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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2018. The nominal expiry date of the Agreement is 1 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Eifers Concrete Pty Ltd trading as Eifers Group, the Fair Work Commission was asked to approve the Eifers Group Enterprise Agreement 2017 to 2021. The applicant, Eifers Concrete, sought the approval of this enterprise agreement, which covered a range of workers employed under the agreement. The applicant argued that the agreement was fit for purpose and met the necessary criteria under the Fair Work Act 2009. The legal issues before the commission included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements set out in the Fair Work Act.

The commission considered whether the agreement provided for a fair and reasonable rate of pay and conditions, taking into account the economic circumstances of the industry and the bargaining power of the parties. The commission also considered whether the agreement provided for proper consultation between the parties, and whether it complied with the procedural requirements for the approval of an enterprise agreement. In particular, the commission considered whether the agreement had been appropriately negotiated and whether there was sufficient evidence of genuine agreement. After considering the evidence and arguments presented by the parties, the commission determined that the agreement met the necessary criteria for approval and was fit for purpose. The commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the procedural requirements for approval.

Accordingly, the commission approved the Eifers Group Enterprise Agreement 2017 to 2021. The applicant was ordered to take all necessary steps to give effect to the approved agreement, and to provide a copy of the approved agreement to the relevant parties. The decision of the commission was final and binding on the parties, and could not be appealed except on limited grounds. This decision provides guidance for employers and employees who are seeking to negotiate and approve enterprise agreements, and highlights the importance of ensuring that agreements meet the necessary criteria for approval.

Eifers Concrete Pty Ltd T/A Eifers Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established