DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shotcrete Australia Wide Pty Ltd
(AG2017/6569)

SHOTCRETE AUSTRALIA WIDE PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 MAY 2018

Application for approval of the Shotcrete Australia Wide Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Shotcrete Australia Wide Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shotcrete Australia Wide 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 28 May 2018 and, in accordance with s.54, will operate from 4 June 2018. The nominal expiry date of the Agreement is 1 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Shotcrete Australia Wide Pty Ltd for the approval of the 2017 Enterprise Agreement. The application was made to the Fair Work Commission, which has the authority to approve, reject, or amend enterprise agreements under the Fair Work Act 2009. The dispute centred around the terms of the agreement, particularly those related to the classification and remuneration of employees.

The central legal issues the court had to resolve were whether the agreement was made in good faith, the agreement's compliance with the "better off overall test", and the fairness of the terms and conditions stipulated within the agreement. The court had to determine if the agreement provided for a fair and reasonable outcome for all employees involved and if it adhered to the statutory requirements for approval.

In delivering the decision, the court emphasised the importance of good faith bargaining and the necessity for the agreement to provide employees with a better overall outcome compared to the applicable awards or registered agreements. The court found that the agreement was made in good faith and satisfied the better off overall test. It also noted that the terms and conditions were fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. Consequently, the court approved the agreement.

The Fair Work Commission approved the Shotcrete Australia Wide Pty Ltd Enterprise Agreement 2017, confirming its compliance with the statutory requirements and its adherence to the principles of good faith bargaining and the better off overall test.

Shotcrete Australia Wide 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