DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oz Cut Concrete Cutting Services Pty Ltd
(AG2020/807)

OZ CUT CONCRETE CUTTING SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 15 MAY 2020

Application for approval of the Oz Cut Concrete Cutting Services Pty Limited Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Oz Cut Concrete Cutting Services Pty Limited Enterprise Agreement 2020-2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Oz Cut 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. The undertakings are taken to be a term of 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 22 May 2020. The nominal expiry date of the Agreement is 14 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Oz Cut Concrete Cutting Services Pty Ltd sought approval of its enterprise agreement for the period 2020-2024. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requisite standards under the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not adequately protect employee rights and interests.

The central legal issues before the FWC were whether the agreement contained all the 'protected attributes' required by section 233 of the Act, and whether it complied with the 'better-off overall test' as mandated by section 235. The CFMEU contended that the agreement failed to adequately address certain conditions of employment, including minimum wages and the classification of employees. Oz Cut, on the other hand, argued that the agreement was fair and balanced, and provided for a better-off overall outcome for its employees.

The FWC assessed the agreement against the statutory criteria and found that while there were areas of concern, the agreement did not significantly disadvantage employees. The Commission emphasised the importance of the better-off overall test and concluded that the proposed agreement provided for a fair and reasonable outcome for the employees. The FWC approved the enterprise agreement, subject to certain modifications to address minor deficiencies identified during the hearing.

Oz Cut Concrete Cutting Services Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established