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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Structural Concrete Industries (Aust) P/L sought approval for its 2018 Enterprise Agreement. The application involved the bargaining process and content of the agreement, with concerns raised by the Building and Construction General On-Site Union. The Commission had to determine whether the agreement was appropriately negotiated and if it complied with relevant industrial laws.

The primary legal issues before the Commission were whether the bargaining process met the requirements set forth by the Fair Work Act and whether the terms of the agreement were fair and reasonable. The Commission examined the process by which the agreement was negotiated, including whether there was genuine bargaining and if all mandatory bargaining obligations were met. Additionally, the Commission assessed whether the agreement's terms were appropriate for the industry and if they provided a fair outcome for employees.

The Commission found that the bargaining process was generally appropriate and in compliance with the legislative requirements. The Commission acknowledged the union's concerns but concluded that the employer had made a genuine effort to negotiate. The agreement's terms were also found to be fair and reasonable, taking into consideration industry standards and the parties' bargaining positions. The Commission ultimately approved the application, recognising the agreement as a fair and appropriate outcome for the employees.

The Commission's decision was based on a comprehensive review of the bargaining process and the agreement's content. By approving the application, the Commission affirmed the validity of the agreement, allowing it to be implemented and providing legal certainty for both the employer and the employees.

Structural Concrete Industries (Aust) P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established