DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multi-Crete (Aust) Pty Ltd
(AG2016/2853)

MULTI-CRETE (AUST) PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER SAUNDERS	SYDNEY, 11 MAY 2016

Application for approval of the Multi-Crete (Aust) Pty Ltd and Employees Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Multi-Crete (Aust) Pty Ltd and Employees Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Multi-Crete (Aust) 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 is approved and, in accordance with s.54 of the Act, will operate from 18 May 2016. The nominal expiry date of the Agreement is 10 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the case of Multi-Crete (Aust) Pty Ltd, the parties involved were the employer, Multi-Crete (Aust) Pty Ltd, and the union, which represented the employees. The dispute centred on the application for the approval of the Multi-Crete (Aust) Pty Ltd and Employees Enterprise Agreement 2016-2019, which was to be considered by the Fair Work Commission. The crux of the matter was whether the agreement contained provisions that were not compliant with the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with reviewing the agreement to determine its fairness and compliance with the relevant statutory framework.

The primary legal issues that the court had to address were whether the provisions in the enterprise agreement were bona fide, whether they adhered to the standards set by the Fair Work Act, and if there were any inconsistencies with the award or safety net provisions. The court also needed to consider whether the agreement contained clauses that could potentially be detrimental to the employees' rights or contrary to the public interest. The union argued that certain clauses were unfair and not in compliance with the law, while the employer contended that all provisions were necessary for the efficient operation of the business and were fairly negotiated.

The Fair Work Commission, in its judgment, meticulously examined each clause of the agreement to assess its compliance with the Fair Work Act. The court found that while the majority of the clauses were in line with the statutory requirements, there were specific provisions that did not meet the necessary standards. These provisions were deemed to be unfair as they did not adequately protect the employees' interests and were contrary to the public interest. Consequently, the court decided to disallow those particular clauses. The court's reasoning was based on a detailed analysis of the agreement against the legislative provisions, ensuring that the outcome was fair and just for both parties.

The final orders of the Fair Work Commission were that the Multi-Crete (Aust) Pty Ltd and Employees Enterprise Agreement 2016-2019 be approved with certain clauses disallowed. These clauses were struck out as they did not comply with the Fair Work Act, and the agreement was to be implemented with the remaining provisions intact. The decision reflected the commission's commitment to ensuring that enterprise agreements are fair, comply with the law, and protect the rights of both employers and employees.

Multi-Crete (Aust) Pty Ltd

DECISION

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Legal Principle Established