Sydneywide Cement Renderers Pty Ltd

[2013] FWCA 1835

FAIR WORK COMMISSION

DECISION

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

Sydneywide Cement Renderers Pty Ltd
(AG2013/468)

SYDNEYWIDE CEMENT RENDERERS PTY LTD/ENTERPRISE BARGAINING AGREEMENT 2012-2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 28 MARCH 2013

Application for approval of the Sydneywide Cement Renderers Pty Ltd/Enterprise Bargaining Agreement 2012-2013 .

[1] An application has been made for approval of an enterprise agreement known as the Sydneywide Cement Renderers Pty Ltd/Enterprise Bargaining Agreement 2012-2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Sydneywide Cement Renderers Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] 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 is 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

Sydneywide Cement Renderers Pty Ltd sought approval of an enterprise bargaining agreement with its employees for the period 2012-2013. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement complied with the Fair Work Act 2009 and whether it should be certified as a lawful agreement. This required an examination of the agreement's provisions, including those relating to minimum rates of pay, shift loadings, penalty rates, and leave entitlements.

The Commission considered the provisions of the Fair Work Act and the National Employment Standards in assessing the agreement. It examined whether the agreement met the criteria for being a "single, integrated, and written" agreement, whether it provided for minimum rates of pay and conditions, and whether it contained any provisions that were contrary to public policy or otherwise invalid. The Commission also considered the views of the parties and any relevant evidence or submissions.

After careful consideration, the Commission found that the agreement met the legislative requirements and did not contain any invalid or unenforceable provisions. The agreement provided for appropriate minimum rates of pay, shift loadings, penalty rates, and leave entitlements. The Commission was satisfied that the agreement was a genuine bargain between the parties and that it complied with the relevant legislative provisions. Accordingly, the Commission certified the agreement as a lawful agreement.

The Fair Work Commission certified the Sydneywide Cement Renderers Pty Ltd/Enterprise Bargaining Agreement 2012-2013 as a lawful agreement, effective from 1 July 2012. The agreement was deemed to provide for the minimum rates of pay, shift loadings, penalty rates, and leave entitlements as outlined in the decision. The certification of the agreement meant that it would be binding on all parties covered by the agreement, and that the terms and conditions set out in the agreement would apply to those parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established