DECISION

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

Better Concrete Products T/A BCP Precast as Trustee for BCP Trust
(AG2015/3381)

BETTER CONCRETE PRODUCTS PTY LTD MOOREBANK ENTERPRISE AGREEMENT 2015

Cement and concrete products
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 AUGUST 2015

Application for approval of the Better Concrete Products Pty Ltd Moorebank Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Better Concrete Products Pty Ltd Moorebank Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 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 agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 1 September 2015. The nominal expiry date of the Agreement is 20 August 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Better Concrete Products Pty Ltd Moorebank Enterprise Agreement 2015 was brought before the court for approval. The application for approval was made by the applicant, Better Concrete Products T/A BCP Precast as Trustee for the BCP Trust. The applicant sought the court's approval of the enterprise agreement in accordance with the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the workers at the Moorebank site of Better Concrete Products Pty Ltd.

The primary legal issue the court needed to address was whether the enterprise agreement met the requirements of section 231 of the Fair Work Act 2009. This section mandates that an enterprise agreement must not make provision for terms and conditions that are less favourable than the applicable award or safety net award. The court had to consider whether the agreement provided terms and conditions that were at least as favourable as the relevant award provisions. Additionally, the court needed to ensure the agreement complied with the good faith bargaining requirements under the Act.

The court examined the provisions of the enterprise agreement and compared them with the relevant award provisions. The court found that the agreement contained terms and conditions that were at least as favourable as the applicable award. The court also considered the process of bargaining and concluded that the agreement was the result of good faith bargaining. As a result, the court approved the Better Concrete Products Pty Ltd Moorebank Enterprise Agreement 2015.

The final orders of the court were that the application for approval of the Better Concrete Products Pty Ltd Moorebank Enterprise Agreement 2015 be granted. The court certified the agreement as a single enterprise agreement in accordance with section 173 of the Fair Work Act 2009. The agreement became eligible for registration with the Fair Work Commission, thereby providing a legally binding framework for the employment relationship between the applicant and the workers at the Moorebank site.

Better Concrete Products 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