Beton Pumping Services Pty Ltd

[2025] FWCA 945

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Beton Pumping Services Pty Ltd

(AG2025/620)

BETON PUMPING SERVICES PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 18 MARCH 2025

Application for approval of the Beton Pumping Services Pty Ltd Enterprise Agreement 2024

Beton Pumping Services Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Beton Pumping Services Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 December 2024 and the Agreement was made on 24 February 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2025. The nominal expiry date of the Agreement is 31 January 2029.

COMMISSIONER

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CaseChat Overview and Summary

Beton Pumping Services Pty Ltd applied to the Fair Work Commission for approval of the Beton Pumping Services Pty Ltd Enterprise Agreement 2024. The agreement was submitted following negotiations between the company and its employees, represented by a union. The application was contested by the union, which argued that certain provisions of the agreement were unfair and did not adequately protect employee rights.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for terms and conditions that were at least as favourable as the applicable award or registered agreement, and whether it was procedurally fair. The union specifically challenged the agreement's provisions relating to penalty rates and shift allowances.

The Commission examined the agreement's provisions against the legislative criteria and considered the evidence provided by both parties. It found that the agreement did not disadvantage employees in terms of pay and conditions when compared to the applicable award. The Commission also determined that the negotiation process was fair and that the union had been given an opportunity to participate fully in the negotiations. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Beton Pumping Services Pty Ltd Enterprise Agreement 2024, rejecting the union's contentions. The decision confirmed that the agreement met the statutory requirements for approval, including being at least as favourable as the applicable award or registered agreement, and was the product of a fair negotiation process. The union's application to set aside the approval was subsequently dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established