Cleary Bros (Bombo) Pty Ltd T/A Cleary Bros

[2023] FWCA 524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cleary Bros (Bombo) Pty Ltd T/A Cleary Bros

(AG2023/213)

Cleary Bros (Bombo) Pty Ltd Concrete Batch Plant Operators Enterprise Agreement 2022

Cement and concrete products
COMMISSIONER MIRABELLA	MELBOURNE, 20 FEBRUARY 2023

Application for approval of the Cleary Bros (Bombo) Pty Ltd Concrete Batch Plant Operators Enterprise Agreement 2022.

Cleary Bros (Bombo) Pty Ltd T/A Cleary Bros (the Employer) has made an application for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Concrete Batch Plant Operators Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

The Agreement was approved on 20 February 2023 and, in accordance with s.54, will operate from 27 February 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleary Bros (Bombo) Pty Ltd, trading as Cleary Bros, sought approval of their Concrete Batch Plant Operators Enterprise Agreement 2022. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009. The primary issue for the Commission to decide was whether the agreement was genuinely negotiated and met the criteria for approval under the Fair Work Act.

The Fair Work Commission assessed whether the agreement was negotiated in good faith, and if it included the minimum terms and conditions as required by the Act. The Commission also considered whether the agreement was fair and reasonable, taking into account the interests of both employers and employees. Additionally, the Commission examined the process by which the agreement was negotiated to ensure it met the necessary procedural requirements.

After reviewing the evidence presented by both parties, the Commission concluded that the agreement was genuinely negotiated and met all the statutory requirements. The Commission found that the terms and conditions were fair and reasonable, and the negotiation process was compliant with the Act. Consequently, the Commission approved the agreement, acknowledging its compliance with the necessary legislative standards.

As a result of the Commission's decision, the Concrete Batch Plant Operators Enterprise Agreement 2022 was approved, and the Fair Work Commission issued its formal approval of the agreement. This decision provided certainty for the parties involved and established the terms and conditions under which the employees would operate.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established