Razorcut Concrete Cutting and Drilling Pty Ltd Summary

[2014] FWCA 3286

FAIR WORK COMMISSION

DECISION

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

Razorcut Concrete Cutting and Drilling Pty Ltd
(AG2014/5861)

RAZORCUT CONCRETE CUTTING AND DRILLING PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 16 MAY 2014

Application for approval of the Razorcut Concrete Cutting and Drilling Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 1 May 2014 by Razorcut Concrete Cutting and Drilling Pty Ltd for the approval of a single-enterprise agreement known as the Razorcut Concrete Cutting and Drilling Pty Ltd Enterprise Agreement 2014(“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] 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 have been met.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Razorcut Concrete Cutting and Drilling Pty Ltd sought approval of the Enterprise Agreement 2014. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The application involved examining the fairness and compliance of the proposed agreement with statutory provisions, as well as the processes followed in its negotiation and agreement.

The primary legal issue before the FWC was whether the Enterprise Agreement 2014 was a "direct substitution" agreement, as defined by section 223 of the Fair Work Act 2009, and whether it contained the necessary minimum terms and conditions. The FWC also needed to assess whether the agreement was made in good faith and followed the proper process as mandated by the Act. Furthermore, the FWC considered whether the agreement was fair and reasonable in terms of the benefits, terms, and conditions it provided to employees.

The FWC found that the Enterprise Agreement 2014 was a direct substitution agreement and was compliant with the statutory minimum terms and conditions. It determined that the agreement was made in good faith and followed the appropriate process, including adequate consultation and negotiation. The FWC also concluded that the agreement was fair and reasonable, considering the interests of both the employer and employees. Therefore, the FWC approved the Enterprise Agreement 2014, allowing it to come into effect as per the terms specified.

The FWC's final order was the approval of the Enterprise Agreement 2014, with specific conditions for its implementation. These included the agreement's registration with the Fair Work Commission and compliance with any further directions or orders the FWC might issue in the future. The approval allowed the agreement to provide the agreed terms and conditions for employees of Razorcut Concrete Cutting and Drilling Pty Ltd, effective from the specified commencement date.

Razorcut Concrete Cutting and Drilling Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established