DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleary Bros (Bombo) Pty Ltd
(AG2017/743)

CLEARY BROS (BOMBO) PTY LTD CONCRETE EMPLOYEES ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 5 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Concrete Employees 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] 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 Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2017. The nominal expiry date of the Agreement is 3 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case of Cleary Bros (Bombo) Pty Ltd involved an application for the approval of the Cleary Bros (Bombo) Pty Ltd Concrete Employees Enterprise Agreement 2016. The application was brought before the Fair Work Commission by the Australian Building and Construction Commission, who sought approval of the enterprise agreement. The enterprise agreement was intended to regulate the terms and conditions of employment for employees of Cleary Bros (Bombo) Pty Ltd. The nature of the dispute centred on whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including the criteria for its approval and the rights of employees under the Act.

The legal issues the court had to decide included whether the enterprise agreement was genuinely agreed upon by the parties, whether it met the requirements for its approval under the Act, and whether it provided for the minimum entitlements for employees. The court had to examine the process by which the agreement was formed and whether it adhered to the statutory provisions. Additionally, the court needed to determine if the agreement complied with the Fair Work Act’s provisions regarding minimum entitlements, such as minimum wages, penalty rates, leave entitlements, and other conditions.

The court found that the enterprise agreement had been genuinely agreed upon by the parties, and it met the criteria for its approval under the Act. The court examined the negotiation process and concluded that it was conducted in good faith and that the agreement reflected the will of the parties. The court also found that the agreement complied with the statutory provisions for minimum entitlements. The court took into account the specific industry context and the bargaining power of the parties. The court approved the enterprise agreement, acknowledging the importance of the agreement in providing fair and reasonable terms and conditions of employment.

The court's decision was that the application for approval of the Cleary Bros (Bombo) Pty Ltd Concrete Employees Enterprise Agreement 2016 should be granted. The agreement was deemed to comply with the requirements of the Fair Work Act 2009. The court issued orders approving the enterprise agreement and directed that it be registered with the Fair Work Commission. The approval of the agreement ensures that the terms and conditions of employment for the employees are governed by the agreed-upon provisions, promoting fair and lawful industrial relations within the specified industry.

Cleary Bros (Bombo) Pty Ltd

DECISION

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Legal Principle Established