DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Q-Crete Premix Pty Ltd T/A Q-Crete
(AG2017/6711)

Q-CRETE BATCHERS ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER MCKINNON	MELBOURNE, 6 APRIL 2018

Application for approval of the Q-Crete Batchers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Q-Crete Batchers Enterprise Agreement 2017 (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 T/A Q-Crete. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2018. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Q-Crete Premix Pty Ltd, trading as Q-Crete, applied to the Fair Work Commission for approval of the Q-Crete Batchers Enterprise Agreement 2017. The dispute involved the terms and conditions of employment for employees in the batchers department of Q-Crete, a concrete premix supplier. The case was heard by the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act 2009.

The central legal issues the Commission needed to resolve were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission examined whether proper consultation had occurred and whether the agreement was made in good faith. Substantively, the Commission considered whether the agreement covered all mandatory terms, provided for a safety net of minimum wages and conditions, and did not adversely affect employees' job security.

The Commission found that the agreement was procedurally valid, as it was made following proper consultation and in good faith. It also found the agreement to be substantively sound, as it covered all mandatory terms and provided a safety net of minimum wages and conditions. The Commission concluded that the agreement did not unjustifiably diminish employees' job security. Consequently, the Fair Work Commission approved the Q-Crete Batchers Enterprise Agreement 2017.

The Commission's final order was that the Q-Crete Batchers Enterprise Agreement 2017 be approved and registered under the Fair Work Act. This decision ensured that the terms and conditions of employment for batchers department employees at Q-Crete were legally recognised and enforceable.

Q-Crete Premix Pty Ltd T/A Q-Crete

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established