DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleary Bros (Bombo) Pty Ltd
(AG2016/3250)

CLEARY BROS (BOMBO) PTY LTD CONCRETE BATCH PLANT OPERATORS ENTERPRISE AGREEMENT 2016

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 8 JULY 2016

Application for approval of the Cleary Bros (Bombo) Pty Ltd Concrete Batch Plant Operators Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Concrete Batch Plant Operators 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 Cleary Bros (Bombo) 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleary Bros (Bombo) Pty Ltd sought approval of an enterprise agreement that would govern the terms and conditions of employment for the workers operating the concrete batch plant. The application was heard in the Fair Work Commission. The primary issue for the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees and if it provided for fair and reasonable terms and conditions.

In assessing the agreement, the Commission considered various factors including whether the agreement provided for adequate pay and conditions, and whether it allowed for meaningful consultation between the employer and employees. The Commission also examined if the agreement provided for appropriate dispute resolution mechanisms. The Commission found that the agreement did not meet the statutory requirement of being in the best interests of the employees as it did not provide for adequate pay and conditions, particularly in relation to overtime rates and penalty rates. Furthermore, the agreement did not provide for meaningful consultation and adequate dispute resolution mechanisms. Therefore, the Commission did not grant approval of the enterprise agreement.

The Commission's decision was based on a detailed examination of the terms and conditions of the enterprise agreement, as well as the submissions made by the parties. The Commission found that the agreement did not meet the statutory criteria for approval, and therefore declined to approve the agreement. The Cleary Bros (Bombo) Pty Ltd was ordered to pay the costs of the application.

Cleary Bros (Bombo) 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