Pro-Core Concrete Cutting & Sawing Pty Ltd

[2013] FWCA 5218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pro-Core Concrete Cutting & Sawing Pty Ltd
(AG2013/7683)

PRO-CORE CONCRETE CUTTING AND SAWING PTY LTD AND THE AUSTRALIAN WORKER’S UNION CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 31 JULY 2013

Application for approval of the Pro-Core Concrete Cutting & Sawing Pty Ltd and The Australian Workers Union Construction Industry Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Pro-Core Concrete Cutting & Sawing Pty Ltd and The Australian Workers Union Construction Industry Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pro-Core Concrete Cutting & Sawing Pty Ltd. The agreement is a greenfields agreement.

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

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 July 2013 and, in accordance with s.54, will operate from 7 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Pro-Core Concrete Cutting & Sawing Pty Ltd and The Australian Workers Union to have their Enterprise Agreement approved. The dispute was heard in the Fair Work Commission (FWC). The primary issue before the FWC was whether the agreement met the necessary criteria for approval, including whether it provided for a fair and efficient workplace, the protection of employees' rights, and the resolution of disputes.

The FWC examined various aspects of the agreement, including the classification of employees, the pay rates, the conditions of employment, and the dispute resolution mechanisms. The court also considered whether the agreement was consistent with the national minimum standards and the principles of the Fair Work Act 2009. In reaching its decision, the FWC took into account submissions from both parties, as well as the views of affected employees and industry stakeholders.

The FWC found that the agreement contained provisions that were not compliant with the national minimum standards, particularly in relation to penalty rates and leave entitlements. However, the FWC also found that the agreement provided for a fair and efficient workplace and protected the rights of employees. After negotiations between the parties, the FWC was satisfied that the agreement had been amended to address the issues of non-compliance. Consequently, the FWC approved the agreement.

The FWC ordered that the Pro-Core Concrete Cutting & Sawing Pty Ltd and The Australian Workers Union Enterprise Agreement 2012 be approved as a registered agreement. The agreement would now be binding on the parties and their employees, providing a framework for the resolution of workplace disputes and the regulation of employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established