Concrite Pty Limited Summary

[2014] FWCA 3001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concrite Pty Limited
(AG2014/911)

CONCRITE SYDNEY CONCRETE TRUCK DRIVERS AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 7 MAY 2014

Application for approval of the Concrite Sydney Concrete Truck Drivers Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Concrite Sydney Concrete Truck Drivers Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Concrite Pty Limited. The agreement is a single-enterprise agreement.

[2] In accordance with clause 38 (Consulation), the model consultation term is taken to be a term 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 14 May 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Concrite Pty Limited, the applicant, sought approval of the Concrite Sydney Concrete Truck Drivers Agreement 2014 from the Fair Work Commission. This application arose in the context of the applicant's efforts to regulate the employment conditions of its truck drivers in Sydney. The applicant's primary contention was that the proposed agreement was fair and reasonable, and it should be approved and registered under the Fair Work Act 2009. The decision hinged on whether the agreement met the statutory criteria for approval, particularly its fairness and reasonableness.

The court had to determine whether the Concrite Sydney Concrete Truck Drivers Agreement 2014 was genuinely agreed upon by the parties, and whether it was fair and reasonable in all its terms. The court examined whether the agreement provided for appropriate pay and conditions, and whether it adequately balanced the rights and interests of both employers and employees. The court also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act, including its alignment with the Fair Work (Registered Organisations) Act 2009.

In its analysis, the Fair Work Commission found that the Concrite Sydney Concrete Truck Drivers Agreement 2014 was genuinely agreed upon and met the statutory requirements for approval. The Commission determined that the agreement provided for fair and reasonable pay and conditions for the drivers, taking into account the specific circumstances of the industry. The Commission also found that the agreement was consistent with the Fair Work Act and did not contravene any provisions of the Act. Consequently, the application for approval was successful.

The Fair Work Commission approved and registered the Concrite Sydney Concrete Truck Drivers Agreement 2014, allowing it to take effect and govern the employment conditions of the drivers as per the terms of the agreement.

Concrite Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established