DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Pinzana Family Trust T/As Summit Concrete Constructions Pty Ltd
(AG2016/6942)

SUMMIT CONCRETE CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Building services
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2016

Application for approval of the Summit Concrete Constructions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Summit Concrete Constructions Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Pinzana Family Trust T/As Summit Concrete Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] In accordance with s.586 of the Act, the legal name and trading name of the business has been altered as per the applicants request.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2016. The nominal expiry date of the Agreement is 21 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Pinzana Family Trust, trading as Summit Concrete Constructions Pty Ltd, applied to the Fair Work Commission for approval of the Summit Concrete Constructions Pty Ltd Enterprise Agreement 2016. The dispute arose between the applicant employer and two unions representing the employees, with the unions objecting to certain provisions of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the procedural fairness requirements, and whether it met the good faith bargaining and better off overall test. The unions argued that the agreement did not comply with procedural fairness requirements, as there was no genuine attempt at bargaining, and the agreement was effectively imposed on the employees. Additionally, the unions contended that the agreement did not meet the better off overall test, as it resulted in a detriment to the employees.

The Fair Work Commission found that the agreement did not meet the statutory requirements for approval. The Commission found that the employer had not genuinely attempted to bargain with the unions, and that the agreement was imposed on the employees without proper consultation. The Commission also found that the agreement did not meet the better off overall test, as it resulted in a detriment to the employees. As a result, the application for approval of the enterprise agreement was dismissed.

The Fair Work Commission ordered that the application for approval of the Summit Concrete Constructions Pty Ltd Enterprise Agreement 2016 be dismissed. The Commission found that the agreement did not meet the statutory requirements for approval, and as such, could not be approved under the Fair Work Act 2009.

The Pinzana Family Trust T/As Summit Concrete Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established