DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South East Concreting Pty Ltd
(AG2016/7308)

SOUTH EAST CONCRETING PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 JANUARY 2017

Application for approval of the South East Concreting Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the South East Concreting Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South East Concreting Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 5 January 2017 and, in accordance with s.54, will operate from 12 January 2017. The nominal expiry date of the Agreement is 5 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, South East Concreting Pty Ltd applied for the approval of the South East Concreting Pty Ltd Enterprise Agreement 2016 - 2020. The dispute centred on whether the agreement met the legal standards for enterprise agreements under the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith, whether it was certified by an independent umpire, and whether it contained mandatory terms as required by the Act.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the parties, whether it contained the necessary procedural fairness elements, and whether it complied with all relevant provisions of the Fair Work Act. The Commission also needed to determine if the agreement contained all the mandatory terms prescribed by the Act and if the certification process was conducted appropriately by the independent umpire. Furthermore, the Commission considered whether the agreement appropriately balanced the interests of both the employer and the employees.

After reviewing the submissions and evidence presented, the Commission found that the agreement was genuinely negotiated in good faith and contained all the mandatory terms required by the Act. The Commission was satisfied that the agreement was procedurally fair and that the certification process was conducted correctly. The Commission determined that the agreement met all the legal criteria for approval under the Fair Work Act. Consequently, the Commission approved the South East Concreting Pty Ltd Enterprise Agreement 2016 - 2020.

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