DECISION

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

South East Concreting Pty Ltd
(AG2020/3496)

SOUTH EAST CONCRETING PTY LTD ENTERPRISE AGREEMENT 2021 - 2024

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 30 DECEMBER 2020

Application for approval of the South East Concreting Pty Ltd Enterprise Agreement 2021 - 2024.

[1] South East Concreting Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the South East Concreting Pty Ltd Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the two employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any correspondence from either employee bargaining representative to my chambers.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act and Clause 8.1 of the Agreement, will operate from 6 January 2021. The nominal expiry date of the Agreement is 30 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The application for approval of the South East Concreting Pty Ltd Enterprise Agreement 2021 - 2024 was heard by the Fair Work Commission. The applicant, South East Concreting Pty Ltd, sought approval of the proposed agreement which aimed to regulate the terms and conditions of employment for its employees. The applicant contended that the agreement was necessary to ensure fair and efficient operations, while the respondent, a union representing the employees, raised concerns over certain provisions that it believed were detrimental to employee rights and protections.

The legal issues central to the case involved whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained all the prescribed terms, if it was made in good faith, and if it met the requirements for certification under the Act. Furthermore, the court had to consider whether any of the provisions in the agreement unfairly disadvantaged the employees, and if the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission examined the proposed agreement in detail, assessing each clause against the statutory requirements and principles of good faith bargaining. The Commission found that the agreement contained all the prescribed terms and was made in good faith. It also concluded that the agreement did not unfairly disadvantage the employees and that it appropriately balanced the interests of both parties. Consequently, the Commission approved the South East Concreting Pty Ltd Enterprise Agreement 2021 - 2024, certifying it as a registered agreement under the Act. This decision was based on the finding that the agreement met all legal standards and appropriately addressed the employment terms for the duration of its validity.

South East Concreting 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