DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Performance Concrete Pty Ltd
(AG2015/4876)

PERFORMANCE CONCRETE PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 SEPTEMBER 2015

Application for approval of the Performance Concrete Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Performance Concrete Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Performance Concrete 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 was approved on 16 September 2015 and, in accordance with s.54, will operate from 23 September 2015. The nominal expiry date of the Agreement is 16 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Performance Concrete Pty Ltd, a construction company, sought approval of the Performance Concrete Pty Ltd Enterprise Agreement 2015-2019. The dispute involved the company's employees, who were represented by a union. The case was heard by the Fair Work Commission.

The legal issues centred on whether the agreement met the requirements of the Fair Work Act 2009 and if it provided fair and reasonable terms for the employees. Key points included the agreement's compliance with the Act, the fairness of the terms and conditions, and whether there was genuine bargaining between the parties. The union contested several aspects of the agreement, arguing that it did not adequately address pay rates, penalty rates, and leave entitlements.

The Commission reviewed the evidence and submissions from both sides. It found that while there were areas of concern, the agreement largely met the statutory requirements and was the product of genuine bargaining. The Commission concluded that the agreement provided fair and reasonable terms for the employees, taking into account the economic context and the parties' bargaining positions. The application for approval was subsequently granted.

The Fair Work Commission approved the Performance Concrete Pty Ltd Enterprise Agreement 2015-2019, subject to certain conditions. These included the company's commitment to review and adjust certain terms and conditions within specified timeframes, to ensure ongoing fairness and compliance with the Act. The union was also granted the right to refer any unresolved issues to the Commission for further consideration.

Performance Concrete 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