Aust Mix Australia Pty Ltd

[2024] FWCA 468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Aust Mix Australia Pty Ltd

(AG2023/5358)

AUST MIX AUSTRALIA PTY LTD AGITATOR DRIVER/BATCHER ENTERPRISE AGREEMENT 2023

Cement and concrete products
COMMISSIONER THORNTON	ADELAIDE, 7 MARCH 2024

Application for approval of the Aust Mix Australia Pty Ltd Agitator Driver/Batcher Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Aust Mix Australia Pty Ltd Agitator Driver/Batcher Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aust Mix Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act from 14 March 2024. The nominal expiry date of the Agreement is 7 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Aust Mix Australia Pty Ltd applied to the Fair Work Commission for the approval of the Agitator Driver/Batcher Enterprise Agreement 2023. The agreement, which is a single enterprise agreement, was proposed to govern the employment conditions of the company's workers within the cement and concrete products sector. The application was lodged under section 185 of the Fair Work Act 2009, and the company submitted a written undertaking to ensure that the agreement would not financially harm the employees or substantially alter the terms and conditions of their employment. Commissioner Thornton was tasked with reviewing the application and determining whether the agreement met the legal criteria for approval as set out in sections 186, 187, 188, and 190 of the Fair Work Act.

The primary legal issue the Commissioner had to address was whether the agreement fulfilled all necessary requirements for approval under the Act, including whether the agreement met the standards for fair and equitable terms, and if the company's undertaking would prevent any detrimental impact on the employees. Additionally, the Commissioner had to consider whether the agreement included a model consultation term, which is mandated by the Fair Work Regulations 2009. The Commissioner found that while the agreement did not include a model consultation term, it was deemed compliant with the Act's provisions. Moreover, the Commissioner was satisfied that the company's undertaking would not result in any financial detriment to the employees or significant changes to the agreement's terms.

After careful consideration, the Commissioner determined that the agreement satisfied all relevant requirements of the Fair Work Act. The Commissioner approved the agreement, subject to the conditions of the company's undertaking, which became a term of the agreement. The approval of the agreement allows it to operate from 14 March 2024, with a nominal expiry date of 7 March 2028. The Commissioner also mandated that the model consultation term prescribed by the Fair Work Regulations 2009 would be considered a term of the agreement, despite its absence in the original document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established