DECISION

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

Agripeta Pty Ltd; Direct Mix Concrete Pty Ltd
(AG2016/6266)

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 14 OCTOBER 2016

Application for approval of the Southern Quarries and Direct Mix Concrete Drivers' Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Southern Quarries and Direct Mix Concrete Drivers' Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Agripeta Pty Ltd and Mix Concrete Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Transport Workers’ Union of Australia, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

Agripeta Pty Ltd and Direct Mix Concrete Pty Ltd applied for the approval of the Southern Quarries and Direct Mix Concrete Drivers' Enterprise Agreement 2016. The application was heard by the Fair Work Commission, with the members of the Commission being Dr Laughton, Ms Scott and Dr White. The applicants sought to have the enterprise agreement approved, which they had negotiated and entered into with the drivers who were their employees. The enterprise agreement was intended to regulate the terms and conditions of employment for the drivers.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the applicants needed to demonstrate that the agreement had been made in good faith and without coercion, that it contained the necessary minimum terms as prescribed by the Fair Work Act, and that the agreement had been fairly and properly negotiated. The applicants argued that the agreement was a genuine product of negotiations and was in the best interests of the drivers.

The Fair Work Commission, after considering the evidence and submissions, determined that the enterprise agreement was made in good faith and without coercion. The Commission found that the agreement contained all the necessary minimum terms and that it had been fairly and properly negotiated. The applicants had provided sufficient evidence to support their claim that the agreement was in the best interests of the drivers. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Southern Quarries and Direct Mix Concrete Drivers' Enterprise Agreement 2016, finding that it met the requirements of the Fair Work Act. The agreement was deemed to have been made in good faith, without coercion, and contained all the necessary minimum terms. The Commission also found that the agreement had been fairly and properly negotiated and was in the best interests of the drivers.

Agripeta Pty Ltd; Direct Mix Concrete 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