Concrete 4 Goulburn Pty Ltd

[2023] FWCA 1637

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Concrete 4 Goulburn Pty Ltd

(AG2023/1402)

CONCRETE 4 GOULBURN ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 6 JUNE 2023

Application for approval of the Concrete 4 Goulburn Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Concrete 4 Goulburn Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Concrete 4 Goulburn Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 5 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Concrete 4 Goulburn Pty Ltd, a construction company, applied to the Fair Work Commission for approval of the Concrete 4 Goulburn Enterprise Agreement 2022. The application was made by the company under section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the company’s employees, who were represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU).

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for minimum rates of pay, entitlements and conditions not less favourable than those provided by the relevant modern awards, and whether it was consistent with the provisions of the Act. The Commission also had to consider the process by which the agreement was made and whether it was made in good faith.

The Commission found that the agreement met all the requirements for approval. The agreement provided for minimum rates of pay, entitlements and conditions not less favourable than those provided by the relevant modern awards. The Commission also found that the agreement was made in good faith and through a proper process. The Commission noted that the agreement was the result of negotiations between the parties and that there was evidence of the parties’ good faith efforts to reach an agreement. The Commission also found that the agreement was consistent with the provisions of the Act.

The Commission approved the Concrete 4 Goulburn Enterprise Agreement 2022, subject to the company providing a copy of the approved agreement to the Registrar of the Fair Work Commission. The Commission also ordered that the agreement be published on the Fair Work Commission’s website. The company was also ordered to provide a copy of the approved agreement to all employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established