DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Concrete Drilling and Sawing Pty Ltd
(AG2014/10949)

QUALITY CONCRETE SAWING AND DRILLING PTY LTD AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 FEBRUARY 2015

Application for approval of the Quality Concrete Sawing and Drilling Pty Ltd Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Quality Concrete Sawing and Drilling Pty Ltd 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 Quality Concrete Drilling and Sawing 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 26 February 2015 and, in accordance with s.54, will operate from 5 March 2015. The nominal expiry date of the Agreement is
25 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Quality Concrete Drilling and Sawing Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The respondent, the employer, contested the application on various grounds. The nature of the dispute was the interpretation and application of the Fair Work Act 2009 to the proposed agreement, focusing on its compliance with statutory requirements.

The legal issues before the Commission were whether the proposed agreement met the procedural and substantive requirements under the Act. Specifically, the Commission had to determine if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it was free from any unlawful content. The employer argued that the agreement did not comply with the statutory minimum terms and contained provisions that were contrary to public policy.

In rendering its decision, the Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions as required by the Act. The Commission also concluded that the provisions in question did not contravene any public policy and were therefore lawful. Consequently, the application for approval was granted, and the employer's objections were dismissed.

The Fair Work Commission approved the Quality Concrete Sawing and Drilling Pty Ltd Agreement 2014, and it is now a legally binding enterprise agreement between the parties. The employer is required to comply with the terms of the agreement, and the employees covered by the agreement are entitled to the benefits and protections provided therein.

Quality Concrete Drilling and Sawing Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established