Cleary Bros (Bombo) Pty Ltd

[2013] FWCA 4909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleary Bros (Bombo) Pty Ltd
(AG2013/7124)

CLEARY BROS (BOMBO) PTY LIMITD CONCRETE EMPLOYEES ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 22 JULY 2013

Application for approval of the Cleary Bros (Bombo) Pty Limited Concrete Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Limited Concrete Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cleary Bros (Bombo) Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 18 July 2013 an undertaking was provided by Mr B Elvy, the Company’s Chief Executive Officer, in relation to clause 15.2 (Disputes Settlement Procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to this decision at Annexure A and forms part 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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2013. The nominal expiry date of the Agreement is 28 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleary Bros (Bombo) Pty Ltd, represented by the employer, and various unions, represented by the employees, appeared before the Fair Work Commission. The dispute centred on the approval of the Concrete Employees Enterprise Agreement 2013, specifically whether it met the statutory requirements for a certified agreement. The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009.

The primary legal issues that the Commission had to resolve were whether the agreement contained the necessary minimum terms and conditions as stipulated by the Act, and whether the agreement had been genuinely bargained. The Commission also considered whether the agreement appropriately addressed the needs of both the employer and the employees and whether it aligned with the broader objectives of the Fair Work Act, such as promoting cooperative workplace relations.

In reaching its decision, the Commission carefully reviewed the provisions of the agreement, assessing them against the statutory framework. It examined the content to ensure it covered all mandatory terms and conditions, and it evaluated the process through which the agreement was negotiated to ascertain its genuineness. The Commission found that the agreement did meet the statutory requirements and had been genuinely bargained. It concluded that the agreement was fair and balanced, appropriately addressing the interests of both the employer and the employees.

The Fair Work Commission approved the Concrete Employees Enterprise Agreement 2013, finding it compliant with the Fair Work Act. The Commission’s decision was based on the thorough examination of the agreement’s provisions and the negotiation process, affirming that it met the legal standards for a certified agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established