Q-Crete Premix Pty Ltd

[2020] FWCA 1232

[2020] FWCA 1232

FAIR WORK COMMISSION

DECISION

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

Q-Crete Premix Pty Ltd
(AG2019/4602)

Q-CRETE ENTERPRISE AGREEMENT 2019

Cement and concrete products
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 MARCH 2020

Application for approval of the Q-Crete Enterprise Agreement 2019.

[1] An application has been made for approval for an enterprise agreement known as the Q-Crete Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It was made by Q-Crete Premix Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. A copy of the undertakings is attached at Annexure A. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Agreement does not contain a consultation term that is consistent with the requirements of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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 has been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

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Annexure A.