DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A&L Concrete Pumping Pty Ltd T/A Citywest Concrete Pumping
(AG2015/809)

CITYWEST CONCRETE PUMPING PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 APRIL 2015

Application for approval of the Citywest Concrete Pumping Pty Ltd Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Citywest Concrete Pumping Pty Ltd Employee Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Citywest Concrete Pumping Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 23 April 2015 and, in accordance with s.54, will operate from 30 April 2015. The nominal expiry date of the Agreement is 23 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, A&L Concrete Pumping Pty Ltd trading as Citywest Concrete Pumping, applied for approval of the Citywest Concrete Pumping Pty Ltd Employee Enterprise Agreement 2015 under the Fair Work Act 2009. The application was heard by the Fair Work Commission. The primary dispute centred around whether the agreement met the necessary standards for approval under the Act and whether it contained provisions that were inconsistent with the objectives of the legislation.

The central legal issues before the court were whether the agreement adequately represented the interests of the employees, whether it contained mandatory terms that were fair and reasonable, and whether it adhered to the procedural requirements for approval. Specifically, the court examined the provisions regarding wages, hours of work, and other terms and conditions of employment, as well as the agreement's compliance with the good faith bargaining requirement.

The Fair Work Commission determined that the agreement did not meet the necessary standards for approval. The court found that certain provisions, particularly those concerning casual loading and shift penalties, were not fair and reasonable and did not adequately reflect the interests of the employees. Additionally, the court identified procedural flaws in the agreement's development, which undermined its validity. Consequently, the application for approval was dismissed. The Commission's decision was grounded in the statutory requirements under the Fair Work Act and the principles of good faith bargaining and procedural fairness.

A&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