DECISION

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

Excel Concrete Pty Ltd
(AG2014/10872)

EXCEL CONCRETE PRODUCTION SOUTH EAST QUEENSLAND AGREEMENT 2014 - 2017

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 18 FEBRUARY 2015

Application for approval of the Excel Concrete Production South East Queensland Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Excel Concrete Production South East Queensland Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Excel Concrete Pty Ltd (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] The Australian Workers’ Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] 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 18 February 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Excel Concrete Pty Ltd applied for approval of the Excel Concrete Production South East Queensland Agreement 2014-2017. The application was made by the employer, who sought to have the agreement registered as a greenfield agreement under the Fair Work Act 2009. The applicant argued that the agreement provided fair and reasonable terms and conditions for its employees, and that the agreement was in the national system interest.

The Commission considered the application and identified several key legal issues. These included whether the agreement provided for terms and conditions that were fair and reasonable, and whether the agreement was in the national system interest. The Commission also considered the application of the no disadvantage test, which requires that the terms and conditions of the agreement do not place employees at a disadvantage compared to the applicable award or registered agreement. The Commission examined the evidence and submissions provided by the parties, and assessed the agreement against the relevant legal standards.

The Commission found that the agreement provided for terms and conditions that were fair and reasonable, and that the agreement was in the national system interest. The Commission determined that the agreement did not place employees at a disadvantage compared to the applicable award or registered agreement, and that the agreement met the requirements of the no disadvantage test. The Commission also noted that the agreement provided for a range of benefits for employees, including increased wages and improved conditions. The Commission approved the agreement, and it was registered as a greenfield agreement under the Fair Work Act.

The Commission's decision provides useful guidance for employers seeking to have an agreement approved as a greenfield agreement. The decision highlights the importance of ensuring that an agreement provides for fair and reasonable terms and conditions, and that the agreement is in the national system interest. The decision also underscores the importance of complying with the no disadvantage test, and of providing employees with meaningful benefits under the agreement.

Excel 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