Redicrete Pty Ltd Summary

[2014] FWCA 5247

FAIR WORK COMMISSION

DECISION

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

Redicrete Pty Ltd
(AG2014/1584)

REDICRETE PTY LTD ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 4 AUGUST 2014

Application for approval of the Redicrete Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Redicrete Pty Ltd 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 Redicrete Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 26 July 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Group Resource Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 11 August 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Redicrete Pty Ltd recently sought approval of their Enterprise Agreement 2014 from the Fair Work Commission. The application was brought about by a dispute regarding the terms and conditions of employment for the company's employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including that it did not provide for terms and conditions that were worse than those provided for by the relevant industrial instrument or the National Employment Standards.

The primary legal issue before the Commission was whether the proposed agreement provided for terms and conditions that were not less favourable than those provided by the relevant industrial instrument or the National Employment Standards. The applicant argued that the agreement was fair and reasonable, and met all the necessary criteria for approval. The respondent, however, contended that certain provisions of the agreement were less favourable than the relevant industrial instrument or the National Employment Standards.

In its decision, the Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission noted that the agreement provided for terms and conditions that were not less favourable than those provided by the relevant industrial instrument or the National Employment Standards. The Commission also found that the agreement was fair and reasonable, and met all the necessary criteria for approval. The application was therefore approved. No further orders were made.

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