DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A and L Concrete Pumping Pty Ltd T/A Citywest Concrete Pumping
(AG2019/1079)

CITYWEST CONCRETE PUMPING ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 MAY 2019

Application for approval of the Citywest Concrete Pumping Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Citywest Concrete Pumping Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A and L Concrete Pumping Pty Ltd T/A Citywest Concrete Pumping. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 8 May 2019 and, in accordance with s.54, will operate from 15 May 2019. The nominal expiry date of the Agreement is 8 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, A and L Concrete Pumping Pty Ltd trading as Citywest Concrete Pumping, applied to the Fair Work Commission for approval of the Citywest Concrete Pumping Enterprise Agreement 2019. The applicant sought to have the agreement registered and made applicable to their employees who are members of the Concrete Pumping Association of Australia (Vic) Ltd. The primary dispute in this matter revolves around the terms and conditions stipulated within the proposed enterprise agreement and whether these terms meet the requirements set forth in the Fair Work Act 2009.

The court was tasked with determining whether the proposed enterprise agreement contained all the prescribed minimum terms as required by section 235 of the Fair Work Act. Additionally, the court had to consider whether the agreement had been fairly negotiated and if it complied with the good faith bargaining requirements set out in the Act. The court also examined whether the agreement was in the best interests of the employees and whether it met the criteria for registration under the Fair Work Act.

After reviewing the submissions and evidence presented by both parties, the Fair Work Commission found that the Citywest Concrete Pumping Enterprise Agreement 2019 met all the necessary criteria for approval. The court confirmed that the agreement contained the prescribed minimum terms and was the product of genuine and fair negotiations. Furthermore, the court determined that the agreement was in the best interests of the employees and complied with the requirements for registration under the Fair Work Act. The court approved the agreement, and it will now be applicable to the employees of the applicant.

The final orders of the court were that the Citywest Concrete Pumping Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009. The agreement was to be made applicable to the employees of the applicant, and the applicant was required to take all necessary steps to inform their employees of the approved agreement. The applicant was also required to provide a copy of the agreement to the Fair Work Commission within 21 days of the decision.

A and L Concrete Pumping Pty Ltd T/A Citywest Concrete Pumping

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established