DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Olympic Concreting and Construction (NT) Pty Ltd T/A Olympic Concreting and Construction (NT) Pty Ltd
(AG2018/5216)

OLYMPIC CONCRETING AND CONSTRUCTION PTY LTD TRADING AS OLYMPIC CONCRETING AND CONSTRUCTION (NT) - ENTERPRISE AGREEMENT 2018-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 AUGUST 2019

Application for approval of the Olympic Concreting and Construction Pty Ltd Trading as Olympic Concreting and Construction (NT) - Enterprise Agreement 2018-2024.

[1] An application has been made for approval of an enterprise agreement known as the Olympic Concreting and Construction Pty Ltd Trading as Olympic Concreting and Construction (NT) - Enterprise Agreement 2018-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Olympic Concreting and Construction (NT) Pty Ltd T/A Olympic Concreting and Construction (NT) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The signed Agreement lodged in the Commission with the application contained a typographical error in clause 1.1. The Applicant filed an amended copy of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 13 August 2019 and, in accordance with s.54, will operate from 20 August 2019. The nominal expiry date of the Agreement is 12 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute concerning the application for approval of the Enterprise Agreement 2018-2024 between Olympic Concreting and Construction (NT) Pty Ltd and its employees. The primary issue was whether the agreement complied with the necessary legislative requirements for approval under the Fair Work Act 2009. The application for approval was brought before the Fair Work Commission, which held jurisdiction over employment-related disputes and agreements.

The central legal issues the Commission had to address were whether the agreement met the conditions for approval, specifically if it adhered to the provisions of the Fair Work Act and the Fair Work Regulations. This included assessing if the agreement was made in good faith, whether it provided for the proper classification of employees, and if it ensured that employees were paid fairly and reasonably. Additionally, the Commission had to ensure that the agreement did not undermine the existing rights of employees or introduce unfair terms.

The Fair Work Commission concluded that the Enterprise Agreement 2018-2024 was compliant with the necessary statutory requirements. The Commission found that the agreement was made in good faith, adequately classified employees, and provided for fair and reasonable terms of employment. It also noted that the agreement did not undermine existing employee rights or introduce unfair terms. Consequently, the Commission approved the agreement, recognising it as meeting the legislative standards for enterprise agreements.

The Commission's decision was that the Olympic Concreting and Construction Pty Ltd Trading as Olympic Concreting and Construction (NT) - Enterprise Agreement 2018-2024 was approved under the Fair Work Act 2009. The approval ensures that the agreement can be implemented and will govern the employment conditions of the relevant employees for the specified period.

Olympic Concreting and Construction (NT) Pty Ltd T/A Olympic Concreting and Construction (NT) 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