Ostwald Construction Materials Pty Ltd Summary

[2013] FWCA 8787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ostwald Construction Materials Pty Ltd
(AG2013/2959)

OSTWALD CONSTRUCTION MATERIALS PTY LTD ENTERPRISE AGREEMENT 2013

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 8 NOVEMBER 2013

Application for approval of the Ostwald Construction Materials Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ostwald Construction Materials Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ostwald Construction Materials Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 5 November 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Group Employee Relations Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 8 November 2015.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ostwald Construction Materials Pty Ltd was the subject of an application for the approval of the 2013 Enterprise Agreement. The parties involved in the dispute were the company and the Construction, Forestry, Mining and Energy Union (CFMEU). The case was heard in the Fair Work Commission, which is tasked with overseeing the approval process for enterprise agreements in Australia. The core issue the commission needed to address was whether the enterprise agreement met the statutory requirements for approval as stipulated in the Fair Work Act 2009. This included examining whether the agreement had been made in accordance with the relevant provisions and whether it contained the necessary minimum entitlements.

The Fair Work Commission considered several legal issues, including the validity of the negotiation process, the fairness of the terms and conditions proposed in the agreement, and whether the agreement complied with the Fair Work Act's requirements. The commission also assessed whether the agreement contained appropriate dispute resolution mechanisms and whether the agreement was made free from any improper conduct. The CFMEU raised concerns about the fairness of certain provisions and the negotiation process, arguing that the agreement did not adequately protect employees' rights.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the negotiation process was generally conducted in good faith and that the terms of the agreement were fair. The commission noted that while some concerns were raised about specific provisions, the overall agreement met the statutory requirements for approval. The commission emphasised the importance of ensuring that employees' rights were protected and that any disputes could be resolved effectively. Consequently, the commission approved the Ostwald Construction Materials Pty Ltd Enterprise Agreement 2013, subject to certain conditions to safeguard employees' entitlements.

Ostwald Construction Materials Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established