Structural Concrete Industries (Aust) P/L

[2014] FWCA 5341

FAIR WORK COMMISSION

DECISION

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

Structural Concrete Industries (Aust) P/L
(AG2014/1485)

STRUCTURAL CONCRETE INDUSTRIES (AUST) PTY LTD ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 6 AUGUST 2014

Application for approval of the Structural Concrete Industries (Aust) Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Structural Concrete Industries (Aust) Pty Ltd Enterprise Agreement 2014 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] Fair Work Commission received correspondence dated 29 July 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Director of Operations, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The case involves an application for the approval of the Structural Concrete Industries (Aust) Pty Ltd Enterprise Agreement 2014, which was submitted to the Fair Work Commission. The applicant, Structural Concrete Industries (Aust) Pty Ltd, sought the Commission's endorsement of the agreement as a registered enterprise agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment outlined in the agreement, which the applicant intended to implement among its workforce.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements of the Fair Work Act, and if it met the good faith bargaining threshold. The Commission had to examine if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it was free from any prohibited content. Additionally, the Commission needed to assess if the agreement was made without any coercion, duress, or improper influence, and if it was fair and reasonable in all its aspects.

After thorough examination, the Commission found that the agreement complied with all the statutory requirements and was made in good faith. The Commission concluded that the agreement contained all the mandated minimum terms and conditions, and it did not include any prohibited content. The Commission was satisfied that the agreement was free from any elements of coercion, duress, or improper influence. Consequently, the Commission approved the Structural Concrete Industries (Aust) Pty Ltd Enterprise Agreement 2014, and it was registered under the Fair Work Act.

The final orders of the Commission included the registration of the Structural Concrete Industries (Aust) Pty Ltd Enterprise Agreement 2014 as a registered enterprise agreement, effective from the date of the Commission's approval. The agreement was to be binding on all employees covered by it, and the employer was required to comply with its terms and conditions. The Commission's decision provided clarity and legal certainty for both the employer and the employees, ensuring that the agreement was enforceable and adhered to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established