DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dynamic Concrete Pumping Qld Pty Ltd
(AG2019/660)

DYNAMIC CONCRETE PUMPING (QLD) PTY LTD ENTERPRISE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 22 MAY 2019

Application for approval of the Dynamic Concrete Pumping (Qld) Pty Ltd Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Dynamic Concrete Pumping (Qld) Pty Ltd Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dynamic Concrete Pumping Qld 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.

[4] The Agreement was approved on 22 May 2019 and, in accordance with s.54, will operate from 29 May 2019. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

IN THE FAIR WORK COMMISSION

FWC Matter No.:

AG2019/660- Dynamic Concrete Pumping Qld Pty Ltd Enterprise Agreement 2019 - 2022

Applicant:

Dynamic Concrete Pumping Qld Pty Ltd

Section 185 -Application for approval of a single enterprise agreement

Undertaking- Section 190

I, Brett Curtis as Manager for Dynamic Concrete Pumping Qld Pty Ltd give the following undertakings with respect to the Dynamic Concrete Pumping Qld Pty Ltd Enterprise Agreement 2019-2022 :

1. I have the authority given to me by Dynamic Concrete Pumping Qld Pty Ltd to provide this undertaking in relation to the application before the Fair Work Commission.

2. Grievances Resolution Procedure (Clause 9.1) does not specifically refer to disputes in relation to NES. I Confirm through this undertaking that (Clause 9.1) does apply to disputes in relation to the NES.

3. These undertakings are provided on the basis of issues raised by the Fair

Work Commission in the application before the Fair Work Commission.
Date

CaseChat Overview and Summary

The case before the Fair Work Commission involved Dynamic Concrete Pumping (Qld) Pty Ltd, an employer, and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the approval of the Enterprise Agreement for the period 2019 to 2022. The Commission was tasked with determining whether the agreement met the necessary legal criteria for registration under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement had been genuinely negotiated, if it contained the mandated minimum terms and conditions, and if it adhered to the procedural requirements for enterprise agreements. The Commission also had to consider whether the agreement was in the best interests of the employees and if it complied with the provisions of the Fair Work Act. The Commission needed to ensure that the agreement did not adversely affect the employees' rights and entitlements.

In evaluating the agreement, the Commission considered the evidence and submissions provided by both parties. It found that the agreement had been genuinely negotiated and contained all the required minimum terms and conditions. The Commission also determined that the agreement complied with the procedural requirements and was in the best interests of the employees. The Commission concluded that the agreement did not adversely affect the employees' rights and entitlements and was in line with the Fair Work Act. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Dynamic Concrete Pumping (Qld) Pty Ltd Enterprise Agreement 2019-2022. This decision ensures that the agreement will be registered and enforceable, providing a clear framework for the employer and employees to follow during the specified period. The approval of the agreement reflects the Commission's commitment to facilitating fair and effective workplace relations in Australia.

Dynamic Concrete Pumping Qld 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