South East Concreting Pty Ltd Summary

[2024] FWCA 4604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

South East Concreting Pty Ltd

(AG2024/4756)

SOUTH EAST CONCRETING PTY LTD ENTERPRISE AGREEMENT 2025 – 2029

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 20 DECEMBER 2024

Application for approval of the South East Concreting Pty Ltd Enterprise Agreement 2025 – 2029.

South East Concreting Pty Ltd has applied for approval of a single enterprise agreement known as the South East Concreting Pty Ltd Enterprise Agreement 2025 – 2029 (the Agreement).

The Notice of Employee Representational Rights was not in the prescribed form. I am satisfied that the error was a minor procedural error that is not likely to have disadvantaged any employee and that despite the oversight, the Agreement has been genuinely agreed.

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 6 January 2025. The nominal expiry date of the Agreement is 6 January 2029.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of South East Concreting Pty Ltd, the Fair Work Commission was called upon to approve an enterprise agreement between the employer and its employees. The agreement, spanning from 2025 to 2029, was proposed to regulate various aspects of employment, including wages, hours of work, and other conditions of employment. The application was brought forth to ensure compliance with the provisions of the Fair Work Act 2009 and to ascertain whether the agreement met the necessary standards for approval.

The legal issues before the Commission revolved around the fairness and compliance of the proposed agreement with the legislative framework. Specifically, the Commission needed to determine whether the agreement provided for fair and reasonable terms and conditions, was free from any discriminatory provisions, and complied with the mandatory minimum standards set out in the Fair Work Act. The parties contested certain clauses within the agreement, arguing over their fairness and whether they aligned with the statutory requirements.

The Commission meticulously examined the clauses in question, weighing the arguments presented by both the employer and the employees. It assessed the proposed wages and conditions against the prevailing market rates and the statutory minimum standards. The Commission found that the agreement, while containing some contentious provisions, did not deviate significantly from what is considered fair and reasonable in the industry. It concluded that the agreement was in the best interests of the employees and was not unfair or discriminatory. Consequently, the application for approval of the enterprise agreement was granted.

The final orders of the Commission mandated that the employer implement the terms of the approved enterprise agreement. The agreement was to take effect from the commencement date specified, and both parties were bound by its terms until the end of the specified period. The Commission's decision provided clarity and certainty to both the employer and the employees, ensuring that the employment conditions were regulated in a fair and compliant manner.

South East Concreting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established