Structural Concrete Industries (Aust) Pty Ltd T/A Structural Concrete Industries Summary

[2022] FWCA 3959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Structural Concrete Industries (Aust) Pty Ltd T/A Structural Concrete Industries

(AG2022/4232)

STRUCTURAL CONCRETE INDUSTRIES (AUST) PTY LTD ENTERPRISE AGREEMENT 2022

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 10 NOVEMBER 2022

Application for approval of the STRUCTURAL CONCRETE INDUSTRIES (AUST) PTY LTD ENTERPRISE AGREEMENT 2022

An application has been made for approval of an enterprise agreement known as the STRUCTURAL CONCRETE INDUSTRIES (AUST) PTY LTD ENTERPRISE AGREEMENT 2022 (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) Pty Ltd T/A Structural Concrete Industries. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2022. The nominal expiry date of the Agreement is 1 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Structural Concrete Industries (Aust) Pty Ltd T/A Structural Concrete Industries is the subject of an application for approval of the Structural Concrete Industries (Aust) Pty Ltd Enterprise Agreement 2022. The application was made to the Fair Work Commission, which is tasked with approving enterprise agreements under the Fair Work Act 2009. The primary dispute revolves around whether the agreement meets the legal requirements for approval, including the absence of prohibited content and compliance with the "better off overall test."

The legal issues the court needed to address included verifying the procedural correctness of the agreement and assessing its compliance with the statutory requirements outlined in the Fair Work Act. Specifically, the court had to ensure that the agreement did not contain any provisions that would be deemed contrary to public policy or unlawful and that it met the "better off overall test." This test requires that the agreement provides employees with at least the same terms and conditions as the applicable award or safety net award, or a combination of both.

The court found that the agreement was procedurally sound and free of prohibited content. It also determined that the agreement satisfied the "better off overall test." The agreement provided employees with improved terms and conditions compared to their previous arrangements, and the benefits were deemed sufficient to meet the statutory requirements. Consequently, the court approved the enterprise agreement, recognising its compliance with the necessary legal standards.

Structural Concrete Industries (Aust) Pty Ltd T/A Structural Concrete Industries

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established