DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concrite Pty Ltd
(AG2018/5081)

CONCRITE SYDNEY CONCRETE TRUCK DRIVERS AGREEMENT 2017

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Concrite Sydney Concrete Truck Drivers Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Concrite Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 12 February 2019 and, in accordance with s.54, will operate from 19 February 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Concrite Pty Ltd applied to the Fair Work Commission for approval of the Concrite Sydney Concrete Truck Drivers Agreement 2017. The application was made by Concrite, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the employee representative. The dispute arose from the need to formalise and approve the terms of employment for concrete truck drivers in Sydney under a registered agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The central legal issue before the Commission was whether the agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement contained the mandated minimum terms and conditions, whether it was free from prohibited content, and if it was made in good faith. Additionally, the Commission examined whether the agreement was supported by a majority of the employees it covered, as required by the legislation.

In delivering its decision, the Fair Work Commission noted that the agreement contained all the mandated minimum terms and conditions stipulated by the Fair Work Act. The Commission found that the agreement did not include any prohibited content and was made in good faith by both parties. Furthermore, the evidence demonstrated that the agreement had the support of a majority of the employees it covered, fulfilling the statutory requirement. Based on these findings, the Commission approved the Concrite Sydney Concrete Truck Drivers Agreement 2017, determining that it met all the necessary legal criteria for registration.

The Fair Work Commission's final order was the approval and registration of the Concrite Sydney Concrete Truck Drivers Agreement 2017, effective from the date of the decision. This registration ensures that the terms and conditions outlined in the agreement will govern the employment relationship between Concrite and its concrete truck drivers in Sydney, providing a legally binding framework for both parties.

Concrite Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established