Central Pre-Mix Concrete Ptd Ltd T/A Central Pre-Mix Concrete

[2014] FWCA 5881

FAIR WORK COMMISSION

DECISION

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

Central Pre-Mix Concrete Ptd Ltd T/A Central Pre-Mix Concrete
(AG2014/8524)

CENTRAL PRE-MIX CONCRETE AGITATOR DRIVERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 28 AUGUST 2014

Application for approval of the Central Pre-Mix Concrete Agitator Drivers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Central Pre-Mix Concrete Agitator Drivers 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 Central Pre-Mix Concrete Pty Ltd trading as Central Pre-Mix Concrete (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] Fair Work Commission received correspondence dated 18 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Employer Bargaining Representative on behalf of the Applicant, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] 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.

[5] 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 four (4) years.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Central Pre-Mix Concrete Ptd Ltd, trading as Central Pre-Mix Concrete, and its employees who were agitator drivers. The dispute centred around the approval of the Central Pre-Mix Concrete Agitator Drivers Enterprise Agreement 2014. The matter was heard in the Fair Work Commission. The central legal issue was whether the enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, free from coercion and whether it contained the necessary "protected action provisions" as mandated by the Act.

The Fair Work Commission examined the evidence and submissions presented by both parties. The Commission noted that the agreement was the result of genuine negotiations between the employer and the employees, and there was no evidence of coercion. Additionally, the agreement contained the necessary protected action provisions, which allowed for lawful industrial action if disputes arose. The Commission was satisfied that the agreement had been made in good faith and was compliant with the statutory requirements. Consequently, the Commission approved the enterprise agreement.

In light of the findings, the Fair Work Commission approved the Central Pre-Mix Concrete Agitator Drivers Enterprise Agreement 2014. The agreement was deemed to be fair and in compliance with the provisions of the Fair Work Act 2009. This decision ensured that the employees' rights and entitlements were protected under the new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established