DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Concrete Pumping Logistics (WA) Pty Ltd
(AG2017/405)

AUSTRALIAN CONCRETE PUMPING LOGISTICS (WA) PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 MARCH 2017

Application for approval of the Australian Concrete Pumping Logistics (WA) Pty Ltd Employee Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Concrete Pumping Logistics (WA) Pty Ltd Employee 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 Australian Concrete Pumping Logistics (WA) 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2017. The nominal expiry date of the Agreement is 8 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Australian Concrete Pumping Logistics (WA) Pty Ltd Employee Enterprise Agreement 2017. The applicant was the employer, Australian Concrete Pumping Logistics (WA) Pty Ltd, and the respondents were the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues the court had to address included whether the agreement provided for a safety net of minimum terms and conditions, and whether it contained terms that were not contrary to the public interest. Additionally, the court examined if the agreement met the requirements for good faith bargaining and if the process for its negotiation and agreement was fair.

The court concluded that the proposed agreement met the necessary legal standards. It provided for a safety net of minimum terms and conditions and did not include terms that were contrary to the public interest. The court found that the agreement was the result of good faith bargaining, and the process for its negotiation and agreement was fair. The court approved the application for the agreement, noting that it contained provisions that were consistent with the objectives of the Fair Work Act 2009.

The final orders of the court were that the Australian Concrete Pumping Logistics (WA) Pty Ltd Employee Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the decision and would remain in force until the earlier of its expiration or termination in accordance with the Act.

Australian Concrete Pumping Logistics (WA) 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