DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadway & Frame Premix Concrete Pty Ltd t/a Broadway & Frame
(AG2016/3740)

BROADWAY & FRAME & AWU CONCRETE PRODUCTION AGREEMENT 2016-2019

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 12 AUGUST 2016

Application for approval of the Broadway & Frame & AWU Concrete Production Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Broadway & Frame & AWU Concrete Production Agreement 2016-2019 (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 t/a Broadway & Frame. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2016. The nominal expiry date of the Agreement is 18 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadway & Frame Premix Concrete Pty Ltd, trading as Broadway & Frame, applied to the Federal Circuit Court for approval of the Broadway & Frame & AWU Concrete Production Agreement 2016-2019. The application arose from the need to ensure the agreement's terms were fair and did not unfairly disadvantage employees under the Fair Work Act 2009. The Australian Workers' Union was also a party to the application, with the union representing employees within the agreement.

The court had to determine whether the terms of the agreement complied with the requirements of the Fair Work Act, specifically whether the agreement provided a safety net for employees that was no less favourable than the minimum entitlements provided by the relevant awards and National Employment Standards. The court also considered whether the agreement contained a genuine enterprise agreement, which meant it was made in good faith and free from coercion, undue influence, and harassment.

In its reasoning, the court examined the agreement's terms, including wages, conditions, and dispute resolution processes, and assessed whether they met the statutory requirements. The court found that the agreement contained provisions that met the legislative criteria and did not unfairly disadvantage employees. It also concluded that the agreement was genuinely made in good faith and free from prohibited conduct. Based on this, the court approved the agreement, and its terms became binding on the parties from the specified commencement date. The final orders confirmed the approval and directed the relevant parties to implement the agreement as per its terms.

Broadway & Frame Premix Concrete Pty Ltd t/a Broadway & Frame

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established