Q-Crete Premix Pty Ltd

[2014] FWCA 8344

FAIR WORK COMMISSION

DECISION

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

Q-Crete Premix Pty Ltd
(AG2014/8183)

Q-CRETE BATCHERS ENTERPRISE AGREEMENT 2014

Cement and concrete products
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 24 NOVEMBER 2014

Application for approval of the Q-Crete Batchers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Q-Crete Batchers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Q-Crete Premix Pty Ltd. The Agreement is a single-enterprise 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 Agreement is approved and, in accordance with s.54, will operate from 1 December 2014. The nominal expiry date of the Agreement is 30 September 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Q-Crete Premix Pty Ltd sought approval for the Q-Crete Batchers Enterprise Agreement 2014 in the Fair Work Commission. The application was filed by Q-Crete, the employer, against its employees represented by the Building and Construction Union. The dispute centred on whether the terms of the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The key issues included the adequacy of the agreement's provisions concerning employee entitlements, work conditions, and dispute resolution mechanisms.

The Fair Work Commission considered whether the agreement provided fair and reasonable terms and conditions for employees, in line with the objectives of the Fair Work Act. The court examined the fairness of the proposed terms in relation to the employees' rights, benefits, and protections. It also assessed whether the agreement adequately addressed the interests of both the employer and the employees, particularly in the context of the specific industry and workplace practices.

In its decision, the Fair Work Commission found that the proposed enterprise agreement met the statutory requirements for approval. The court held that the agreement provided for fair and reasonable terms and conditions that balanced the interests of both parties. The agreement's provisions were deemed adequate in terms of employee entitlements, work conditions, and dispute resolution mechanisms. Consequently, the court approved the Q-Crete Batchers Enterprise Agreement 2014, allowing it to come into effect.

The court's final orders included the approval of the Q-Crete Batchers Enterprise Agreement 2014, which was to be registered with the Fair Work Commission. The agreement was to apply to the employees covered by the union and would govern their employment terms and conditions moving forward. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would be implemented in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established