Concrite Pty Ltd

[2016] FWCA 174

[2016] FWCA 174

DECISION

Fair Work Act 2009

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

Concrite Pty Ltd

(AG2015/7202)

CONCRITE COUNTRY CONCRETE TRUCK DRIVERS AGREEMENT

2015

Road transport industry

DEPUTY PRESIDENT BULL SYDNEY, 28 JANUARY 2016

Application for approval of the Concrite Country Concrete Truck Drivers Agreement 2015

[1]        An application has been made by Concrite Pty Ltd (the applicant) for the approval of

an enterprise agreement known as the Concrite Country Concrete Truck Drivers Agreement

2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009

(the Act) and is a single enterprise agreement.

[2]        The Agreement covers employees engaged by the applicant at its New South Wales

concrete plants, who are employed under the classifications within the Agreement (these

include various levels of truck drivers). Pursuant to s.186(3) of the Act, I am satisfied that the

group of employees was fairly chosen based on the operational and geographical

distinctiveness of the proposed coverage.

[3]        The Transport Workers’ Union of Australia, NSW Branch (TWU) was an employee

organisation involved in the agreement making process as a bargaining representative. The

TWU has filed a statutory declaration (F18) in support of the approval of the Agreement.

Consideration

[4]        The Road Transport and Distribution Award 2010 (the Award) is the relevant

reference instrument with respect to the better off overall test (BOOT) as required under s.186

of the Act.

[5]        As specified in the applicant’s statutory declaration, the Agreement provides:

 Lower public holiday loading for casual employees;

 With the exception of occasional shift workers, no weekend shift penalty

loadings for shift worker employees; and

 Reduced morning shift loading.

[2016] FWCA 174

[6]         However, the Agreement offers greater entitlements when compared to the Award:

1.    Significantly higher rates of pay;

2.    Greater annual leave loading; and

3.    Reduced span of ordinary hours.

Approval

[7]        Taking into account the greater entitlements and higher rates of pay under the

Agreement when compared to the Award, I am satisfied that the Agreement results in

employees being better off under the Agreement.

[8]        I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are

relevant to this application for approval have been met.

[9]        The TWU being a bargaining representative for the Agreement, has given notice under

s.183 of the Act that it wants the Agreement to cover it and supports the approval of the

Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the

TWU.

[10]      The Agreement is approved. In accordance with s.54(1), the Agreement will operate

from 4 February 2016. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE417398 PR575982>