DECISION

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

Allstyle Concrete Pumping Pty Ltd
(AG2017/3489)

ALLSTYLE CONCRETE PUMPING PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 11 DECEMBER 2017

Application for approval of the Allstyle Concrete Pumping Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Allstyle Concrete Pumping Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allstyle Concrete Pumping Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2017. The nominal expiry date of the Agreement is 10 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allstyle Concrete Pumping Pty Ltd applied to the Fair Work Commission for approval of the Allstyle Concrete Pumping Pty Ltd Enterprise Agreement 2017. The applicant is an employer within the concrete pumping industry, and the respondents are employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute involved the terms and conditions of employment, specifically those outlined in the proposed enterprise agreement.

The primary legal issue was whether the agreement met the requirements under the Fair Work Act 2009, including whether it provided for the minimum entitlements specified in the Act and whether it was free from prohibited content. The court also needed to determine if the agreement had been genuinely negotiated and whether the required procedural steps had been complied with. Additionally, the court examined whether the agreement appropriately addressed the needs of the employees and the business.

The Fair Work Commission held that the agreement substantially complied with the requirements of the Act. The court found that the agreement provided for all minimum entitlements and contained no prohibited content. It was determined that the agreement had been genuinely negotiated and that the procedural steps had been properly followed. The court concluded that the agreement was fair and appropriate, taking into account the needs of both the employees and the business. As a result, the application for approval was granted.

Allstyle Concrete Pumping 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