DECISION

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

Better Concrete Products Pty Ltd T/A BCP Precast as Trustee for BCP Trust
(AG2014/10537)

BETTER CONCRETE PRODUCTS PTY LTD WARNERVALE ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 12 MARCH 2015

Application for approval of the Better Concrete Products Pty Ltd Warnervale Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Better Concrete Products Pty Ltd Warnervale Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Better Concrete Products Pty Ltd Trading as BCP Precast as Trustee for BCP Trust (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union, Newcastle, Central Coast & Northern Regions Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Fair Work Commission (FWC) received correspondence dated 11 March 2014, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 16 June 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

In the Fair Work Commission, Better Concrete Products Pty Ltd, trading as BCP Precast, as trustee for the BCP Trust, applied for approval of the Better Concrete Products Pty Ltd Warnervale Enterprise Agreement 2014. The application arose from a dispute between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) regarding the terms of the proposed enterprise agreement. The central issue before the court was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. This involved examining if the agreement was made in good faith, covered the appropriate bargaining period, and provided for proper consultation.

The court addressed the dispute by scrutinising the negotiation process and the content of the agreement. It found that the applicant had engaged in genuine bargaining with the union, providing relevant information and addressing union concerns. The court also examined the agreement's provisions to ensure they met the statutory requirements. It found that the agreement was made in good faith, covered the correct bargaining period, and included provisions for proper consultation. Consequently, the court approved the Better Concrete Products Pty Ltd Warnervale Enterprise Agreement 2014.

The Fair Work Commission approved the enterprise agreement, finding it met all statutory requirements. The decision underscored the importance of good faith bargaining and proper consultation in the enterprise agreement process. The approval signified the formal recognition of the agreement between the applicant and the CFMEU, setting the terms and conditions of employment for the relevant employees.

Better Concrete Products Pty Ltd T/A BCP Precast as Trustee for BCP Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established