Highrise Group; St George Concrete Pumping Service Pty Ltd

[2013] FWCA 2806

FAIR WORK COMMISSION

DECISION

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

Highrise Group; St George Concrete Pumping Service Pty Ltd
(AG2013/6240)

THE HIGHRISE GROUP ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 8 MAY 2013

Application for approval of the The Highrise Group Enterprise Agreement 2013 - 2016 .

[1] An application has been made for approval of an enterprise agreement known as the The Highrise Group Enterprise Agreement 2013-2016 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Highrise Group (“the applicant”). The Agreement is a multiple-enterprise agreement. The employer parties are Highrise Concrete Contractors (Aust) Pty Ltd and St George Concrete Pumping Service Pty Ltd.

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

[3] 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 is 15 May 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Highrise Group, sought approval for an enterprise agreement with St George Concrete Pumping Service Pty Ltd under the Fair Work Act 2009. The Fair Work Commission was required to determine if the agreement met the criteria for registration, including whether it facilitated the efficient operation of the business and adequately addressed the terms and conditions of employment. The legal issues centred on the compliance of the agreement with the Fair Work Act, particularly in relation to the agreement's provisions on remuneration, working hours, and dispute resolution mechanisms.

The Commission considered the arguments presented by both parties and examined the content of the agreement against the legislative requirements. It found that the agreement contained provisions that were not entirely consistent with the principles of the Act, particularly in the areas of remuneration and working hours, which were deemed to be below the minimum standards set out in the applicable award. The Commission also noted that the dispute resolution process outlined in the agreement was not in line with the standard processes prescribed by the Act. Consequently, the Commission determined that the agreement did not meet the criteria for registration.

In light of the findings, the Commission refused to approve the enterprise agreement. It held that the agreement did not adequately provide for the terms and conditions of employment, and therefore could not be registered. The decision emphasised the importance of compliance with the Fair Work Act in the formation and registration of enterprise agreements. The Commission's decision provides a clear directive for the parties to revise the agreement to meet the statutory requirements before seeking approval again.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established