DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alsafe Pre-mix Concrete Pty Limited
(AG2015/1219)

ALSAFE PRE-MIX CONCRETE DRIVERS’ AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 25 JUNE 2015

Application for approval of the Alsafe Pre-mix Concrete Drivers Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Alsafe Pre-mix Concrete Drivers Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Alsafe Pre-mix Concrete Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 2 July 2015. The nominal expiry date is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alsafe Pre-mix Concrete Pty Limited applied to the Fair Work Commission for approval of the Alsafe Pre-mix Concrete Drivers Agreement 2015. The Australian Manufacturing Workers' Union opposed the application. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The key legal issues were whether the agreement covered the necessary employees, if it contained all the required terms and conditions, and if it complied with procedural fairness.

The Commission found that the agreement adequately covered the employees it was intended for. It included all the mandated terms and conditions and was in line with the statutory requirements of the Fair Work Act. The Commission also determined that the procedural fairness was upheld as the agreement was the result of genuine bargaining between the employer and the union. Consequently, the application was approved, and the agreement was registered.

The Commission's decision was grounded in the interpretation of the Fair Work Act and the principles of procedural fairness. The Court found that the application met all necessary legal requirements and was therefore approved. The final orders included the registration of the agreement and the dismissal of the union's opposition.

Alsafe Pre-mix Concrete Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established