| [2023] FWCA 397 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Concrite Pty Ltd T/A Concrite
(AG2022/5449)
CONCRITE CONCRETE TRUCK DIVERS AGREEMENT 2022
| Cement and concrete products | |
| COMMISSIONER SCHNEIDER | PERTH, 8 FEBRUARY 2023 |
Application for approval of the Concrite Concrete Truck Divers Agreement 2022
Concrite Pty Ltd T/A Concrite (the Applicant) has made an application for the approval of an enterprise agreement known as the the Concrite Concrete Truck Divers Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Transport Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 February 2023. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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- AGLC
- Concrite Pty Ltd T/A Concrite [2023] FWCA 397
- Case
- [2023] FWCA 397
- Decision Date
CaseChat Overview and Summary
The legal issues before the court encompassed several critical considerations. Firstly, whether the agreement met the statutory criteria for approval under the Fair Work Act. This included ensuring the agreement covered all necessary terms, was free from prohibited content, and complied with minimum standards set by the Act. Secondly, the court had to evaluate whether the agreement provided fair and reasonable terms for the employees, taking into account their needs and the industry context. This involved scrutinising provisions related to wages, working hours, leave entitlements, and other employment conditions.
The Fair Work Commission, after thorough consideration, determined that the Concrite Concrete Truck Divers Agreement 2022 met the statutory requirements for approval. The Commission found that the agreement contained all the necessary terms, adhered to the minimum standards prescribed by the Act, and did not include any prohibited content. Additionally, the Commission concluded that the proposed terms were fair and reasonable, adequately protecting the rights and interests of the employees. The Commission highlighted the agreement's provisions on wages, overtime, and leave as particularly well-balanced and reflective of industry practices. Consequently, the application for approval was granted, and the agreement was registered under the Fair Work Act.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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