DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Online Concrete Cutting Services Pty Ltd
(AG2018/2909)

ONLINE CONCRETE CUTTING SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 OCTOBER 2018

Application for approval of the Online Concrete Cutting Services Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Online Concrete Cutting Services Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Online Concrete Cutting Services 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, 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. 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.

[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 was approved on 16 October 2018 and, in accordance with s.54, will operate from 23 October 2018. The nominal expiry date of the Agreement is 16 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Online Concrete Cutting Services Pty Ltd was the subject of an application for the approval of its Enterprise Agreement 2018. The applicant, representing the employer, sought the Fair Work Commission's approval of the agreement, which was the subject of a dispute between the employer and its employees, who were represented by a union. The dispute centred on the terms and conditions of employment within the enterprise, specifically those outlined in the proposed agreement.

The legal issues before the Commission involved assessing whether the agreement met the statutory requirements under the Fair Work Act 2009. This included examining whether the agreement was made in good faith, whether it contained the minimum terms and conditions as stipulated by the Act, and whether it was procedurally sound. The union argued that certain provisions of the agreement did not comply with the minimum standards set by the Act, while the employer contended that the agreement was fair and in line with legislative requirements.

In evaluating the agreement, the Commission considered various factors, including the bargaining process, the content of the agreement, and compliance with the Act's provisions. The Commission concluded that the agreement was made in good faith and was procedurally sound, with the necessary minimum terms and conditions included. Despite the union's objections, the Commission found that the provisions in question did not contravene the Act, thereby upholding the validity of the agreement.

The Fair Work Commission approved the Online Concrete Cutting Services Pty Ltd Enterprise Agreement 2018, dismissing the union's objections. This decision confirmed the agreement's compliance with the statutory requirements and established it as the binding contract between the employer and its employees.

Online Concrete Cutting Services 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