Redicrete Pty Ltd Summary

[2022] FWCA 641

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Redicrete Pty Ltd

(AG2021/9140)

Redicrete Enterprise Agreement Pty Ltd 2021

Cement and concrete products
DEPUTY PRESIDENT CROSS	SYDNEY, 24 FEBRUARY 2022

Application for approval of the Redicrete Pty Ltd Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Redicrete Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Redicrete Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 3 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Redicrete Pty Ltd applied to the Fair Work Commission for approval of the Redicrete Pty Ltd Enterprise Agreement 2021. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute was whether the agreement complied with the relevant legislative requirements for enterprise agreements. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues before the Commission included whether the agreement provided for the protection of employee interests, including minimum rates of pay, and whether it adhered to procedural requirements such as proper notice and opportunity for employees to be consulted. Additionally, the Commission had to consider whether the agreement contained provisions that were contrary to public policy or were otherwise unenforceable.

The Fair Work Commission found that the Redicrete Pty Ltd Enterprise Agreement 2021 was compliant with the necessary legislative requirements. It was concluded that the agreement provided adequate protections for employee interests and met the procedural standards set by the Fair Work Act 2009. The Commission also determined that no provisions of the agreement were contrary to public policy or unenforceable. Consequently, the application for approval was granted.

The Commission approved the enterprise agreement, allowing it to come into effect as per its terms. The decision underscores the importance of ensuring that enterprise agreements meet legislative standards and adequately protect employee interests. The ruling also highlights the Commission's role in overseeing the approval process to ensure compliance with relevant laws.

Redicrete Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established