Structural Concrete Industries (Aust) P/L

[2018] FWCA 6841

[2018] FWCA 6841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Structural Concrete Industries (Aust) P/L
(AG2018/2681)

STRUCTURAL CONCRETE INDUSTRIES (AUST) PTY LTD ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 NOVEMBER 2018

Application for approval of the Structural Concrete Industries (Aust) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Structural Concrete Industries (Aust) Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Structural Concrete Industries (Aust) P/L. The Agreement is a single enterprise agreement.

[2] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 2.7 – Abandonment of Employment; and

•  Clause 6.1 – Sick Leave;

However, noting clause 1.12 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] The Employer 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.

[4] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 9 November 2018 and, in accordance with s.54, will operate from 16 November 2018. The nominal expiry date of the Agreement is 9 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A