Concrite Pty Ltd T/A Concrite

[2023] FWCA 1132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Concrite Pty Ltd T/A Concrite

(AG2023/551)

CONCRITE SYDNEY CONCRETE TRUCK DRIVERS ENTERPRISE AGREEMENT 2022

Cement and concrete products
COMMISSIONER MCKINNON	SYDNEY, 21 APRIL 2023

Application for variation of the Concrite Sydney Concrete Truck Drivers Enterprise Agreement 2022

An application has been made for approval of a variation to the Concrite Sydney Concrete Truck Drivers Enterprise Agreement 2022 (the Agreement). The application was made by Concrite Pty Ltd T/A Concrite pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

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
8 February 2023. Those undertakings form part of the Agreement as varied.

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

In accordance with s.216 of the Act, the variation operates from 21 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the parties involved were Concrite Pty Ltd, trading as Concrite, and the relevant trade union. The dispute arose from an application to vary the Concrite Sydney Concrete Truck Drivers Enterprise Agreement 2022. The Fair Work Commission was the tribunal that heard and decided the matter.

The legal issues before the Commission were whether the proposed variations to the Enterprise Agreement met the necessary criteria under the Fair Work Act 2009. Specifically, the court needed to determine whether the changes would result in improved efficiency, productivity, and flexibility of the workforce, without disadvantaging employees. The court also had to consider whether the application process and the consultation with the union were conducted in accordance with the relevant legislative provisions.

The Commission found that the proposed variations would indeed improve efficiency, productivity, and flexibility within Concrite's operations, without disadvantaging the employees. The company had demonstrated that the changes were necessary to remain competitive and meet the demands of the industry. Additionally, the application process and consultation with the union were found to be adequate and in compliance with the Fair Work Act. Therefore, the Commission approved the variations to the Enterprise Agreement.

As a result, the Commission made orders varying the Concrite Sydney Concrete Truck Drivers Enterprise Agreement 2022 in accordance with the proposed changes. These changes will now be incorporated into the agreement, and will be binding on both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established