DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Pre-Mix Concrete
(AG2019/5000)

CENTRAL PRE-MIX CONCRETE RAW MATERIAL DRIVERS ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 23 JANUARY 2020

Application for approval of the Central Pre-Mix Concrete Raw Material Drivers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Central Pre-Mix Concrete Raw Material Drivers Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Pre-Mix Concrete. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2020. The nominal expiry date of the Agreement is 7 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Central Pre-Mix Concrete Pty Ltd, applied for approval of the Central Pre-Mix Concrete Raw Material Drivers Enterprise Agreement 2019. The respondent, the Transport Workers Union of Australia, opposed the application on various grounds. The dispute centred on the terms and conditions of employment for raw material drivers, including wage rates, classification, and other employment-related matters.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for minimum rates of pay, hours of work, and other terms and conditions that were no less favourable than the relevant awards or the general safety net. The Commission also needed to determine if the agreement was made in good faith and without coercion and if it complied with the procedural requirements for enterprise agreements.

The Fair Work Commission found that the agreement was made in good faith and without coercion and that it met the statutory requirements for approval. The Commission noted that the agreement provided for minimum rates of pay and other terms and conditions that were no less favourable than the relevant awards or the general safety net. The Commission also found that the agreement complied with the procedural requirements for enterprise agreements. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Central Pre-Mix Concrete Raw Material Drivers Enterprise Agreement 2019, subject to the usual transitional provisions. The agreement is now registered and will apply to the relevant employees from the date of registration.

Central Pre-Mix Concrete

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established