DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Concrete Solutions Pty Ltd
(AG2016/4545)

“WORKING TOGETHER WE ACHIEVE GREAT RESULTS” (VICTORIA) ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 AUGUST 2016

Application for approval of the “Working Together We Achieve Great Results” (Victoria) Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the “Working Together We Achieve Great Results” (Victoria) 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 National Concrete Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2016. The nominal expiry date of the Agreement is 30 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

National Concrete Solutions Pty Ltd (NCS) applied to the Fair Work Commission for approval of the “Working Together We Achieve Great Results” (Victoria) Enterprise Agreement 2016-2019. The applicant, NCS, sought to implement a new enterprise agreement with its employees in the concrete industry. The dispute involved the terms and conditions of employment, including pay rates, working hours, and various employee entitlements. The matter was heard in the Fair Work Commission, the body responsible for regulating workplace relations and enterprise agreements in Australia.

The primary legal issues for the Commission to consider were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, and whether it was made in good faith and not under duress or coercion. Key concerns included ensuring the agreement provided fair and reasonable terms for both parties, and that it did not unfairly disadvantage any employees. The Commission had to assess whether the agreement complied with the "better off overall test" and if it contained all the mandated minimum entitlements.

The Fair Work Commission found that the proposed agreement met all statutory requirements. The Commission determined that the agreement was made in good faith, and provided fair and reasonable terms for both parties. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for the employees, and that it contained all the mandated minimum entitlements. The Commission also found that the agreement met the "better off overall test", meaning that the overall benefits of the agreement outweighed any detriments. The Commission approved the agreement, allowing NCS to implement the terms and conditions outlined in the "Working Together We Achieve Great Results" (Victoria) Enterprise Agreement 2016-2019.

The final orders of the Fair Work Commission included the approval of the "Working Together We Achieve Great Results" (Victoria) Enterprise Agreement 2016-2019, and the implementation of the agreement between NCS and its employees in the concrete industry. The Commission also ordered that the agreement be registered with the Fair Work Ombudsman, ensuring its enforceability and compliance with the Fair Work Act 2009. The decision provided certainty for both NCS and its employees, allowing them to proceed with the new terms and conditions outlined in the approved enterprise agreement.

National Concrete Solutions 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