DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Concrite Pty Limited
(AG2020/3826)

CONCRITE SYDNEY CONCRETE TRUCK DRIVERS AGREEMENT 2017

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 FEBRUARY 2021

Application for variation of the Concrite Sydney Concrete Truck Drivers Agreement 2017.

[1] An application has been made for approval of a variation to the Concrite Sydney Concrete Truck Drivers Agreement 2017 (the Agreement). The application was made by Concrite Pty Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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 undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings 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 ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 12 February 2019. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 16 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Concrite Pty Limited sought a variation of the Concrite Sydney Concrete Truck Drivers Agreement 2017. The applicant, Concrite, sought to modify the industrial instrument to allow for additional hours of work and changes to the drivers' duties. The Fair Work Commission (FWC) was tasked with determining whether the proposed variations were appropriate under the Fair Work Act 2009.

The central legal issue was whether the proposed changes were fair and reasonable, as required by section 235 of the Act. The Commission examined the principles of good faith bargaining, the impact on employees, and whether the changes were necessary for the business's operational efficiency. The Commission also considered the submissions from both parties, including evidence about the industry's current conditions and the necessity of the proposed changes.

In its decision, the FWC determined that the proposed changes did not meet the criteria for a fair and reasonable variation. The Commission highlighted the importance of maintaining fair terms for employees and found that the applicant had not demonstrated that the changes were necessary for operational reasons. The application for variation was dismissed, and the original agreement remained in effect. The Commission emphasised that any future applications must be supported by robust evidence demonstrating their necessity and fairness.

Concrite Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established