DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mascrete Pty Ltd
(AG2016/1645)

MASCRETE PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 29 JULY 2016

Application for approval of the Mascrete Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mascrete Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mascrete 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 29 July 2016 and, in accordance with s.54, will operate from 5 August 2016. The nominal expiry date of the Agreement is 29 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mascrete Pty Ltd, an applicant, sought approval of the Mascrete Pty Ltd Enterprise Agreement 2016 from the Fair Work Commission. The matter was heard by Commissioner M, who was required to determine if the agreement met the necessary criteria for approval. The agreement in question was between Mascrete Pty Ltd and various employees, intended to regulate employment conditions including wages, hours of work, and other employment-related matters.

The primary legal issues before the Commission involved whether the agreement complied with the requirements of the Fair Work Act 2009, particularly regarding procedural fairness and the necessity for the agreement to promote simplification, flexibility, and efficiency in workplace relations. Commissioner M also had to consider if the agreement appropriately balanced the interests of both employers and employees.

Commissioner M found that the agreement was procedurally sound, with adequate consultation processes undertaken. The agreement was deemed to meet the legislative requirements in terms of promoting simplification, flexibility, and efficiency. It was concluded that the agreement effectively balanced the interests of both parties, providing reasonable protections for employees while allowing for necessary operational flexibility for the employer. The Commission approved the agreement, highlighting its compliance with the Fair Work Act and its potential to foster a productive workplace environment.

Mascrete 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