DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bess Concrete Pty Ltd (ACN: 010 986 302)
(AG2015/3669)

BESS CONCRETE ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 3 JULY 2015

Application for approval of the Bess Concrete Enterprise Agreement 2018.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 June 2015 by Bess Concrete Pty Ltd (ACN: 010 986 302) for the approval of a single-enterprise agreement known as the Bess Concrete Enterprise Agreement 2018 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bess Concrete Pty Ltd (ACN: 010 986 302) applied for the approval of the Bess Concrete Enterprise Agreement 2018, which was negotiated between the company and the Construction, Forestry, Maritime, Mining and Energy Union. The union had made a previous application for approval of the agreement, which was subsequently dismissed. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and if it met the provisions for a registered enterprise agreement.

The key legal issues before the Commission were whether the agreement was a "genuine" enterprise agreement, if it contained the necessary "protected action" provisions, and whether the application was made within the requisite timeframe. Additionally, the court had to consider whether the application satisfied the procedural requirements as outlined in the Fair Work Regulations 2009.

The Commission found that the agreement was genuine and contained the necessary protected action provisions, which were in compliance with the Fair Work Act 2009. The application was deemed to have been made within the appropriate timeframe, and the procedural requirements were satisfied. Consequently, the Commission approved the Bess Concrete Enterprise Agreement 2018, recognising it as a registered enterprise agreement.

The final orders of the Commission were that the Bess Concrete Enterprise Agreement 2018 be approved as a registered enterprise agreement, effective from the date of the decision. The approval granted the agreement legal status, allowing it to be enforced between the parties involved, subject to the terms and conditions outlined within the agreement.

Bess Concrete Pty Ltd (ACN: 010 986 302)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established