Central Pre-Mix Concrete Pty Ltd

[2024] FWCA 641

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central Pre-Mix Concrete Pty Ltd

(AG2024/270)

CENTRAL PRE-MIX CONCRETE AGITATOR DRIVERS ENTERPRISE AGREEMENT 2022

Cement and concrete products
DEPUTY PRESIDENT BELL	MELBOURNE, 16 FEBRUARY 2024

Application for approval of the Central Pre-Mix Concrete Agitator Drivers Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Central Pre-Mix Concrete Agitator Drivers Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Central Pre-Mix Concrete Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 18 August 2023 and the Agreement was made on 7 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Transport Workers’ Union of Australia (TWU), 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.

The Agreement was approved on 16 February 2024 and, in accordance with s.54 of the Act, will operate from 23 February 2024. The nominal expiry date of the Agreement is 5 September 2026.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Central Pre-Mix Concrete Pty Ltd, sought approval of an enterprise agreement. The applicant's employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), were party to the negotiations of the Central Pre-Mix Concrete Agitator Drivers Enterprise Agreement 2022. The dispute involved the fairness and compliance of the agreement with the relevant legislation.

The central legal issue was whether the agreement met the criteria for being a "genuine" agreement under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith and whether it contained minimum terms and conditions that complied with the statutory minimum standards. The court also had to consider if the agreement had been properly negotiated and if the employees had been adequately informed of their rights and obligations.

The Fair Work Commission found that the agreement had been made in good faith and contained the necessary minimum terms and conditions. The commission noted that the negotiations were conducted in a transparent manner and that the employees had been given a fair opportunity to understand and discuss the terms of the agreement. The commission concluded that the agreement was fair and met the statutory requirements for approval.

Accordingly, the Fair Work Commission approved the Central Pre-Mix Concrete Agitator Drivers Enterprise Agreement 2022, confirming its compliance with the relevant provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established