Broadway & Frame Premix Concrete Pty Ltd Summary

[2013] FWCA 9184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadway & Frame Premix Concrete Pty Ltd
(AG2013/11448)

BROADWAY & FRAME & AWU CONCRETE BATCHING PLANT WORKERS’ AGREEMENT 2013-2016

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 21 NOVEMBER 2013

Application for approval of the Broadway & Frame & AWU Concrete Batching Plant Workers’ Agreement 2013-2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Broadway & Frame & AWU Concrete Batching Plant Workers’ Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Broadway & Frame Premix Concrete Pty Ltd.

[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 Australian Workers’ Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broadway & Frame Premix Concrete Pty Ltd, the applicant, applied to the Fair Work Commission for approval of the Broadway & Frame & AWU Concrete Batching Plant Workers’ Agreement 2013-2016. The respondent, Australian Workers’ Union (AWU), objected to the application, arguing that the agreement did not meet the criteria for approval. The matter was heard by the Commission in Sydney.

The central legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009, specifically whether it provided for the genuine application of the agreement to the relevant employees, and whether it was an enterprise agreement. The Commission considered whether the agreement was made in good faith, whether it provided for the genuine application to employees, and if it complied with the procedural requirements of the Act.

The Commission found that the agreement was genuinely made in good faith and provided for the genuine application to the relevant employees. The Commission also determined that the agreement complied with the procedural requirements of the Act. The Commission approved the agreement, noting that it contained appropriate provisions for the operation of a concrete batching plant and addressed the specific needs of the employees. The Commission concluded that the agreement met the criteria for approval under the Act.

The Fair Work Commission approved the Broadway & Frame & AWU Concrete Batching Plant Workers’ Agreement 2013-2016. The Commission found that the agreement was genuinely made in good faith, provided for the genuine application to the relevant employees, and complied with the procedural requirements of the Fair Work Act 2009. The Commission approved the agreement, acknowledging that it contained appropriate provisions for the operation of a concrete batching plant and addressed the specific needs of the employees.

Broadway & Frame Premix Concrete Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established