DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City Concrete Pumping Pty Ltd
(AG2016/2859)

CITY CONCRETE PUMPING PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 MAY 2016

Application for approval of the City Concrete Pumping Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the City Concrete Pumping Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City Concrete Pumping Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2016. The nominal expiry date of the Agreement is 15 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were City Concrete Pumping Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The nature of the dispute was an application for the approval of the City Concrete Pumping Pty Ltd Enterprise Agreement 2016. The case was heard in the Fair Work Commission.

The legal issues the court was required to decide related to the fairness and compliance of the proposed enterprise agreement with relevant Australian labour laws. Specifically, the court needed to assess whether the agreement met the requirements of the Fair Work Act 2009, including its provisions on good faith bargaining, the protection of employees' rights, and the avoidance of industrial action. The court also needed to consider whether the agreement provided fair and reasonable terms and conditions of employment for the employees.

The Fair Work Commission, after considering the submissions and evidence from both parties, concluded that the City Concrete Pumping Pty Ltd Enterprise Agreement 2016 was fair and reasonable. The Commission found that the agreement was the product of genuine and good faith bargaining between the employer and the union, and that it provided for fair and reasonable terms and conditions of employment for the employees. The Commission noted that the agreement included provisions for fair wages and conditions, dispute resolution mechanisms, and protections for employees' rights. The court approved the agreement, finding it to be in compliance with the relevant labour laws.

The final orders of the court were that the City Concrete Pumping Pty Ltd Enterprise Agreement 2016 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect for a period of four years, from the date of approval, and would provide the basis for the terms and conditions of employment for the employees of City Concrete Pumping Pty Ltd during that period.

City Concrete Pumping 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