DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Direct Mix Concrete Pty Ltd
(AG2019/3759)

SOUTHERN QUARIES AND DIRECT MIX CONCRETE DRIVERS’ ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 18 OCTOBER 2019

Application for approval of the Southern Quarries and Direct Mix Concrete Drivers’ Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Southern Quarries and Direct Mix Concrete Drivers’ Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Direct Mix Concrete Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 October 2019.

[3] On 17 October 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 17 October 2019. The undertaking deals with the following topics:

• Shift work, as discussed in clause 5.5.1.7 of the Agreement, is defined for the purposes of the National Employment Standards.

• Clause 6.7.4 relating to public holidays shall not apply for the life of the Agreement.

• The following wage rates for ordinary hours will apply to employees covered by the Agreement from 1 November 2018. Grade 5 will be paid at $24.67 per hour. Grade 6 will be paid at $25.22 per hour. Grade 7 will be paid at $25.64 per hour. Grade 8 will be paid at $26.47 per hour.

• The new rates of pay will come into effect following the first full pay cycle after 1 November 2019.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] I note that clause 1.7.1 of the Agreement states that the date of commencement shall be from the first full pay period to commence on or after the seventh day following the date of the notice that the Agreement has been approved, which differs from the requirements of s.54(1) of the Act.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Direct Mix Concrete Pty Ltd, an employer, filed an application for the approval of the Southern Quarries and Direct Mix Concrete Drivers’ Enterprise Agreement 2019 before the Fair Work Commission. The applicant sought to have the agreement approved under the Fair Work Act 2009, which requires that agreements meet specific criteria, including that they are free from coercion, harassment, and undue influence, and that they provide for the proper operation of the enterprise.

The legal issues before the court centred on whether the agreement met all the necessary requirements for approval. This included examining whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and whether it provided for proper operation of the enterprise. The court had to consider submissions from both parties and evidence provided to ascertain whether the agreement complied with the legislative standards.

The Fair Work Commission concluded that the agreement was a genuine enterprise agreement, free from any issues of coercion, harassment, or undue influence. The court found that the agreement was made in good faith and provided for the proper operation of the enterprise. Consequently, the court approved the agreement, confirming that it met all the statutory criteria for approval. The final orders of the commission were that the Southern Quarries and Direct Mix Concrete Drivers’ Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009.

Direct Mix Concrete 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