DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Pre-Mix Concrete Pty Ltd
(AG2019/3217)

CENTRAL PRE-MIX CONCRETE AGITATOR DRIVERS ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 SEPTEMBER 2019

Application for approval of the Central Pre-mix Concrete Agitator Drivers Enterprise Agreement 2019

[1] Central Pre-Mix Concrete Pty Ltd has made an application for approval of an enterprise agreement known as the Central Pre-mix Concrete Agitator Drivers Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 11 September 2019 and, in accordance with s 54, will operate from 18 September 2019. The nominal expiry date of the Agreement is 5 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Central Pre-Mix Concrete Pty Ltd, the Fair Work Commission heard an application for the approval of the Central Pre-mix Concrete Agitator Drivers Enterprise Agreement 2019. The dispute arose between the employer and the union representing the drivers, focusing on the terms and conditions of employment under the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for a fair and reasonable set of terms for the employees, and whether it adhered to the procedural requirements set out in the legislation. Specifically, the Commission had to consider if the agreement had been made in good faith, if it provided for appropriate mechanisms for dispute resolution, and if it had been properly certified by the relevant union. Additionally, the Commission examined whether the agreement appropriately balanced the interests of both the employer and the employees.

After reviewing the submissions and evidence provided by both parties, the Fair Work Commission determined that the proposed enterprise agreement met the necessary criteria for approval. The Commission found that the agreement was fair and reasonable, providing adequate protections and benefits for the drivers, and that it had been made in good faith. The agreement was also deemed to provide sufficient mechanisms for resolving disputes between the parties. The Commission noted that the union had properly certified the agreement, and that the procedural requirements of the Act had been met. Consequently, the Commission approved the Central Pre-mix Concrete Agitator Drivers Enterprise Agreement 2019.

The Fair Work Commission ordered that the Central Pre-mix Concrete Agitator Drivers Enterprise Agreement 2019 be approved and registered. This decision allows the agreement to come into effect, governing the employment terms and conditions for the drivers as per the provisions outlined in the agreement. The approval signifies that both the employer and the union have reached a mutually acceptable arrangement that complies with the legislative requirements.

Central Pre-Mix Concrete Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established