Australian Concrete Pumping Logistics (WA) Pty Ltd

[2014] FWCA 471

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Concrete Pumping Logistics (WA) Pty Ltd
(AG2013/11628)

AUSTRALIAN CONCRETE PUMPING LOGISTICS (WA) PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 JANUARY 2014

Application for approval of the Australian Concrete Pumping Logistics (WA) Pty Ltd Employee Enterprise Agreement 2013.

[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 2013 (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 was approved on and, in accordance with s.54, will operate from 24 January 2014. The nominal expiry date of the Agreement is 17 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

In the case of Australian Concrete Pumping Logistics (WA) Pty Ltd, the matter was brought before the Fair Work Commission to seek approval for the Employee Enterprise Agreement 2013. The applicant, Australian Concrete Pumping Logistics (WA) Pty Ltd, sought to have the agreement recognised and applied as a lawful agreement under the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions of the agreement, including aspects such as wages, working hours, and other employment-related matters, which were contested by various stakeholders.

The legal issues before the court involved determining whether the agreement met the criteria for approval as stipulated under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, the manner in which it was made, and whether it contained minimum terms as required by the Act. The court had to consider the fairness and reasonableness of the agreement, taking into account the balance of rights and obligations for both employers and employees. Additionally, the court examined whether the agreement provided for proper processes for dispute resolution and whether it adhered to the broader principles of industrial relations law.

The Fair Work Commission found that the Employee Enterprise Agreement 2013 was made in good faith and contained all the required minimum terms. The agreement was deemed fair and reasonable, balancing the rights and obligations of both parties. The court was satisfied with the dispute resolution processes outlined in the agreement and determined that it complied with the provisions of the Fair Work Act 2009. As a result, the Commission approved the application for the agreement to be recognised and applied as a lawful enterprise agreement. The final orders included the formal approval of the Employee Enterprise Agreement 2013, which would now govern the terms and conditions of employment for the employees of Australian Concrete Pumping Logistics (WA) Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established