DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bess Concrete Pty Ltd
(AG2018/5259)

BESS CONCRETE ENTERPRISE AGREEMENT 2018-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT LAKE	BRISBANE, 10 APRIL 2019

Application for approval of Bess Concrete Enterprise Agreement 2018-2021.

[1] An Application has been made under s.185 of the Fair Work Act 2009 (The Act) for approval of an enterprise agreement known as the Bess Concrete Enterprise Agreement 2018-2021.(The Agreement). It has been made by Bess Concrete Pty Ltd (The Employer). It is a single enterprise agreement.

[2] The Employer has provided written undertakings which are annexed to the Agreement. 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 s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 10 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bess Concrete Pty Ltd was the applicant before the Fair Work Commission, seeking approval of an enterprise agreement that had been negotiated between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the terms of the Bess Concrete Enterprise Agreement 2018-2021 complied with the relevant legislative provisions and whether the agreement was genuinely negotiated. The case was heard and determined by the Fair Work Commission, an independent statutory body with the power to make binding decisions on employment-related matters.

The central legal issues that the Commission needed to address were whether the agreement was genuinely negotiated between the parties, and if it contained all the mandatory terms required by the Fair Work Act 2009. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it complied with the "better off overall test." This test required that employees be no worse off and at least some employees be better off overall under the agreement compared to the applicable award or safety net.

After reviewing the evidence and submissions, the Fair Work Commission determined that the Bess Concrete Enterprise Agreement 2018-2021 was genuinely negotiated and complied with the mandatory terms of the Fair Work Act 2009. The Commission found that the agreement met the better off overall test, as some employees would be better off while none would be worse off under the new agreement. The Commission was satisfied that the agreement was in the best interests of the employees and approved the Bess Concrete Enterprise Agreement 2018-2021. The Commission's decision was based on the evidence presented and the parties' submissions, as well as the relevant statutory provisions and case law.

The Fair Work Commission's decision resulted in the approval of the Bess Concrete Enterprise Agreement 2018-2021. This outcome provided certainty for both the employer and employees, as the agreement would now govern the terms and conditions of employment between the parties for the specified period. The Commission's determination also set a precedent for similar cases involving enterprise agreements in the construction industry.

Bess Concrete 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