Easy Reach Concrete Pumping Pty Ltd

[2018] FWCA 6927

[2018] FWCA 6927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Easy Reach Concrete Pumping Pty Ltd
(AG2018/5162)

EASY REACH CONCRETE PUMPING ENTERPRISE AGREEMENT

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 13 NOVEMBER 2018

Application for variation of the Easy Reach Concrete Pumping Enterprise Agreement.

[1] An application has been made for approval of a variation to the Easy Reach Concrete Pumping Enterprise Agreement (the Agreement). The application was made by Easy Reach Concrete Pumping Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

[3] A variation was made to the title of the Agreement which replaces the Agreement title Easy Reach Concrete Pumping Enterprise Agreement with the following:

Easy Reach Concrete Pumping Pty Ltd Enterprise Agreement

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] 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 1 August 2012. Those undertakings form part of the Agreement as varied.

[7] The Applicant provided written undertakings to meet concerns that particular requirements of ss.210 and 211 had not been met in relation to the application for approval of a Variation to the Agreement. The undertakings were accepted and the Varied Agreement was approved on 11 December 2017. Those undertakings form part of the Agreement as varied.

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

[9] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 6.1.3 and clause 16.1 – Ordinary Hours of Work

● Clause 6.2 – Casual Employees and Leave

● Clause 14.1 – Termination of Employment

● Clause 14.2 – Abandonment of Employment

● Clause 20.3.4 – Personal/ Carer’s Leave

However, noting clause 5.4 of the Varied Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[10] In accordance with s.216 of the Act, the variation operates from 13 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE895190 PR702225>