DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sams Concrete Patching Pty Ltd
(AG2020/2717)

SAMS CONCRETE PATCHING PTY LTD ENTERPRISE AGREEMENT 2020 - 2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 SEPTEMBER 2020

Application for approval of the Sams Concrete Patching Pty Ltd Enterprise Agreement 2020 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Sams Concrete Patching Pty Ltd Enterprise Agreement 2020 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sams Concrete Patching Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2020. The nominal expiry date of the Agreement is 28 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) received an application for approval of the Sams Concrete Patching Pty Ltd Enterprise Agreement 2020 - 2022. The application was made by Sams Concrete Patching Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, the employee representative. The agreement in question governs the terms and conditions of employment for employees working within the concrete patching industry in Australia. The legal issues before the FWC were whether the agreement met the criteria for registration under the Fair Work Act 2009 and if it provided for a fair and reasonable method of determining wages and other terms and conditions of employment.

The FWC considered whether the agreement met the requirements set out in section 231 of the Act. It assessed if the agreement provided for good faith bargaining, was made in good faith, and was in the best interests of the employees. The Commission also examined if the agreement contained a genuine attempt to facilitate the resolution of workplace disputes and if it was made without any coercion, harassment or unfairness. Additionally, the FWC evaluated whether the agreement provided for a fair and reasonable method of determining wages and other terms and conditions of employment, including provisions for minimum rates of pay, allowances and other benefits.

After considering the evidence presented and the provisions of the agreement, the FWC found that the agreement met the criteria for approval. The Commission determined that the agreement was made in good faith, facilitated the resolution of workplace disputes and provided for a fair and reasonable method of determining wages and other terms and conditions of employment. The FWC approved the agreement and registered it under the Fair Work Act 2009.

The FWC approved the Sams Concrete Patching Pty Ltd Enterprise Agreement 2020 - 2022 and registered it under the Fair Work Act 2009. The agreement will now govern the terms and conditions of employment for employees working within the concrete patching industry in Australia for the next two years. The decision of the FWC is final and binding on both parties.

Sams Concrete Patching Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established