Eifers Concrete Solutions Pty Ltd

[2013] FWCA 7669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eifers Concrete Solutions Pty Ltd
(AG2013/9529)

EIFER’S CONCRETE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2013 TO 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 2 OCTOBER 2013

Application for approval of the Eifer’s Concrete Solutions Pty Ltd Enterprise Agreement 2013 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the Eifer’s Concrete Solutions Pty Ltd Enterprise Agreement 2013 to 2017 (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 Solutions Pty Ltd. The agreement is a single enterprise agreement.

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

[3]
The Agreement was approved on 2 October 2013 and, in accordance with s.54, will operate from 9 October 2013. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Eifers Concrete Solutions Pty Ltd, an applicant, sought the Fair Work Commission's approval of the Eifer’s Concrete Solutions Pty Ltd Enterprise Agreement 2013 to 2017. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which represented a number of employees in the organisation. The case involved determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues focused on whether the agreement provided for the proper protection of employee rights and interests, and if it adhered to the statutory requirements for enterprise agreements.

The court examined the agreement to assess whether it complied with the procedural requirements outlined in the Fair Work Act 2009, including the need for good faith bargaining and whether it addressed the essential terms of employment. The court also considered whether the agreement contained provisions that were not contrary to public policy or detrimental to the proper functioning of the labour market. The court evaluated the fairness and reasonableness of the agreement in light of the relevant labour market conditions and the need to balance the interests of both employers and employees.

After reviewing the agreement, the court concluded that it met the necessary criteria for approval. The agreement provided for the proper protection of employee rights and interests and adhered to the statutory requirements for enterprise agreements. The court found that the agreement was fair and reasonable, taking into account the relevant labour market conditions and the need to balance the interests of both parties. The court approved the agreement, ensuring that it would serve as a valid and enforceable contract between the parties.

The court's final order was to approve the Eifer’s Concrete Solutions Pty Ltd Enterprise Agreement 2013 to 2017, allowing it to be registered and enforceable under the Fair Work Act 2009. The decision confirmed the agreement's validity and provided certainty for both the employer and employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established