DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleary Bros (Bombo) Pty Ltd T/A Cleary Bros
(AG2021/5409)

CLEARY BROS (BOMBO) PTY LTD CONCRETE EMPLOYEES ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 21 JUNE 2021

Application for approval of the Cleary Bros (Bombo) Pty Ltd Concrete Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Concrete Employees Enterprise Agreement 2020 (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 T/A Cleary Bros. 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 28 June 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleary Bros (Bombo) Pty Ltd, trading as Cleary Bros, applied to the Fair Work Commission for the approval of the Concrete Employees Enterprise Agreement 2020. The respondents to the application included various trade unions and employee representatives. The nature of the dispute was centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and provided for fair and reasonable terms and conditions for the employees covered by the agreement. The matter was heard by the Fair Work Commission, which has jurisdiction over such applications under Australian labour law.

The legal issues before the Commission included whether the proposed agreement contained all the mandated terms as required by the Fair Work Act, whether it provided for fair and reasonable terms and conditions for the employees, and whether it complied with the procedural requirements for enterprise agreements. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it provided for appropriate mechanisms for dispute resolution. The key issue was whether the agreement achieved a balance between the interests of the employer and the employees.

The Commission found that the proposed agreement did contain all the mandated terms and provided for fair and reasonable terms and conditions for the employees. The agreement also complied with the procedural requirements for enterprise agreements and was in the best interests of the employees. The Commission was satisfied that the agreement provided for appropriate mechanisms for dispute resolution. The Commission approved the application for the Concrete Employees Enterprise Agreement 2020, finding that it met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions for the employees. The decision was made in the interests of maintaining good industrial relations and ensuring that the agreement served the needs of both the employer and the employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established