DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Pre-Mix Concrete Pty Ltd T/A Central Pre-Mix Concrete
(AG2014/10074)

CENTRAL PRE-MIX CONCRETE RAW MATERIAL DRIVERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 8 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Central Pre-Mix Concrete Raw Material Drivers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Central Pre-Mix Concrete Pty Ltd T/A Central Pre-Mix Concrete. The agreement is a single-enterprise agreement.

[2] The Agreement contains a consultation term at clause 20. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2014. The nominal expiry date of the Agreement is 7 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Central Pre-Mix Concrete Pty Ltd trading as Central Pre-Mix Concrete, applied for the approval of the Central Pre-Mix Concrete Raw Material Drivers Enterprise Agreement 2014. The application was heard by the Fair Work Commission in Australia, which is tasked with the resolution of workplace disputes and the promotion of fair work practices. The primary concern was the terms and conditions of employment for drivers involved in the transportation of raw materials for concrete production, and whether these terms met the criteria for a fair and effective enterprise agreement under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement provided for the proper classification of employees, adequate remuneration, reasonable working hours, and other essential terms that are necessary for a fair and effective workplace agreement. Additionally, the Commission needed to assess whether the agreement had been fairly negotiated and whether it provided for an appropriate process for future disputes and changes to the agreement. The central question was whether the agreement would provide a safety net for employees while allowing for business flexibility and efficiency.

The Fair Work Commission examined the submissions from both the applicant and the respondents, who were the employees represented by a union. The Commission concluded that the agreement was fair and balanced, taking into account the needs of both the employer and the employees. It was noted that the agreement covered essential terms, provided for fair remuneration and reasonable working conditions, and included mechanisms for the resolution of future disputes. The Commission found that the agreement had been negotiated in good faith and was in the best interests of the employees. The Commission approved the application, finding that the agreement met the requirements of the Fair Work Act 2009.

The Fair Work Commission's decision was that the Central Pre-Mix Concrete Raw Material Drivers Enterprise Agreement 2014 should be approved and registered. This decision ensures that the terms and conditions of employment for the drivers are fair, effective, and provide for a balanced approach to workplace relations. The agreement now serves as the governing document for the employment of raw material drivers in the Central Pre-Mix Concrete enterprise.

Central Pre-Mix Concrete Pty Ltd T/A 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