DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aust Mix Australia Pty Ltd
(AG2019/906)

AUST MIX AUSTRALIA PTY LTD AGITATOR DRIVER/BATCHER ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER YILMAZ	MELBOURNE, 24 APRIL 2019

Application for approval of the Aust Mix Australia Pty Ltd Agitator Driver/Batcher Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Aust Mix Australia Pty Ltd Agitator Driver/Batcher Enterprise Agreement 2019 (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 Agreement is a single enterprise agreement.

[2] The Employer 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 1 May 2019. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by Aust Mix Australia Pty Ltd for approval of the Agitator Driver/Batcher Enterprise Agreement 2019. This application was made before the Fair Work Commission. The dispute centres on whether the agreement, which outlines the terms and conditions of employment for agitator drivers and batchers, complies with the relevant provisions of the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the agreement was a "bargained agreement," as defined by the Fair Work Act, and whether it contained the mandated minimum terms and conditions. Additionally, the court had to consider if the agreement was made in good faith and whether it was free from any improper influences. The court examined the process through which the agreement was negotiated and whether it adhered to the procedural fairness principles.

The Fair Work Commission found that the agreement met all the statutory requirements. It was determined to be a genuine bargain between the employer and the employees, negotiated in good faith. The commission confirmed that the agreement contained the necessary minimum terms and conditions and was not influenced by any improper factors. The court highlighted that the negotiation process was transparent and that the employees had the opportunity to be involved in the discussions.

The Fair Work Commission approved the Aust Mix Australia Pty Ltd Agitator Driver/Batcher Enterprise Agreement 2019, confirming its compliance with the Fair Work Act. This decision signifies that the agreement can now be implemented, providing a framework for the employment conditions of agitator drivers and batchers within Aust Mix Australia Pty Ltd.

Aust Mix Australia 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