DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Workforce Recruitment & Labour Services Pty Ltd
(AG2017/1799)

CONCRETE PRODUCTS ENTERPRISE AGREEMENT 2017-2021

Cement and concrete products
COMMISSIONER WILLIAMS	PERTH, 31 MAY 2017

Application for variation of the Concrete Products Enterprise Agreement 2017-2021.

[1] An application has been made for approval of a variation of the Concrete Products Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Workforce Recruitment & Labour Services Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Workforce Recruitment & Labour Services Pty Ltd, an employer, applied to the Fair Work Commission for a variation of the Concrete Products Enterprise Agreement 2017-2021. The applicant sought changes to various provisions of the agreement, including wage rates, conditions of employment, and the inclusion of new clauses. The Fair Work Commission was tasked with determining whether the proposed variations were appropriate and justified.

The legal issues before the Commission included whether the proposed changes to wage rates and employment conditions were necessary and reasonable, and whether they complied with the requirements of the Fair Work Act 2009. The Commission also needed to assess if the changes would have a detrimental effect on the employees covered by the agreement. Additionally, the Commission had to consider if the proposed changes were in line with the principles of good faith bargaining and if they promoted harmonious, productive, and cooperative workplace relations.

In its decision, the Commission found that the applicant had demonstrated a sufficient basis for the proposed changes, including economic factors and changes in the industry. The Commission also noted that the changes were negotiated in good faith and were not detrimental to the employees. It concluded that the variations were necessary and reasonable, and would promote harmonious, productive, and cooperative workplace relations. The Commission approved the variations to the agreement, which included amendments to wage rates, conditions of employment, and the addition of new clauses.

The Commission made an order that the Concrete Products Enterprise Agreement 2017-2021 be varied as per the application, with the changes to take effect from the date of the decision. The order also provided for the variations to be registered with the Fair Work Commission and for the agreement to be updated accordingly.

Workforce Recruitment & Labour Services 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