The Trustee for Concrete Asset Services Trust T/A Concrete Asset Services Summary

[2013] FWCA 3547

FAIR WORK COMMISSION

DECISION

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

The Trustee for Concrete Asset Services Trust T/A Concrete Asset Services
(AG2013/6723)

CONCRETE ASSET SERVICES AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 JUNE 2013

Application for approval of the Concrete Asset Services and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Concrete Asset Services and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for Concrete Asset Services Trust T/A Concrete Asset Services. The agreement is a single-enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 12 June 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Trustee for Concrete Asset Services Trust, trading as Concrete Asset Services, applied for the approval of the Concrete Asset Services and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application for approval was made under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees working within the Concrete Asset Services industry, specifically those covered by the enterprise agreement.

The central legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, including whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was made in good faith and without coercion. The Commission also considered the impact of the agreement on the rights of employees and the potential for it to cause financial harm to the applicant company.

The Fair Work Commission found that the agreement was made in good faith and without coercion, and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement did not cause financial harm to the applicant company, and that it provided for the fair and reasonable resolution of any disputes that may arise under the agreement. The Commission approved the enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The final orders of the Commission included the approval of the Concrete Asset Services and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, with modifications to certain clauses to ensure compliance with the Fair Work Act. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it be given effect as a binding enterprise agreement.

The Trustee for Concrete Asset Services Trust T/A Concrete Asset Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established