Concrite Pty Ltd

[2023] FWCA 1234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Concrite Pty Ltd

(AG2023/1111)

CONCRITE PREMIXED CONCRETE ENTERPRISE AGREEMENT 2023

Cement and concrete products
COMMISSIONER CIRKOVIC	MELBOURNE, 1 MAY 2023

Application for approval of the Concrite Premixed Concrete Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Concrite Premixed Concrete Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Applicant. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 1 May 2023 and, in accordance with s 54, will operate from 8 May 2023. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Concrite Pty Ltd applied for the approval of the Concrite Premixed Concrete Enterprise Agreement 2023. The applicant, a company involved in the manufacture and supply of premixed concrete, sought to have the agreement, which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union, recognised as a registered agreement under the Fair Work Act 2009. The union, representing employees within the premixed concrete industry, sought to have the agreement registered as well, arguing that it fairly represented the employees' interests and met the requirements of the Act.

The legal issues before the Commission included whether the agreement had been made in accordance with the Act's good faith bargaining provisions, whether it complied with the procedural requirements for bargaining, and whether it provided for a fair and reasonable outcome for the employees. The Commission had to consider whether the agreement was made genuinely for the purpose of establishing a uniform system of employment, whether the bargaining process was conducted in good faith, and whether the terms of the agreement were fair and reasonable, taking into account the economic circumstances of the industry and the bargaining parties.

The Commission found that the agreement had been made in accordance with the Act's good faith bargaining provisions and that the bargaining process had been conducted in good faith. The Commission determined that the agreement was fair and reasonable, taking into account the economic circumstances of the industry and the bargaining parties. The Commission also found that the agreement complied with the procedural requirements for bargaining and that it provided for a fair and reasonable outcome for the employees.

Accordingly, the Commission approved the Concrite Premixed Concrete Enterprise Agreement 2023 as a registered agreement under the Act. The agreement will now be registered and will apply to the employees covered by the agreement, providing a framework for their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established