DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Easy Reach Concrete Pumping Pty Ltd
(AG2017/4588)

EASY REACH CONCRETE PUMPING ENTERPRISE AGREEMENT

Cement and concrete products
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 DECEMBER 2017

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] 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.

[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 such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 1 August 2012. Those undertakings form part of the Agreement as varied.

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

[8] In accordance with s.216 of the Act, the variation operates from 11 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Easy Reach Concrete Pumping Pty Ltd, the applicant, sought variation of the Easy Reach Concrete Pumping Enterprise Agreement 2011. The respondent, the Building Construction, Forestry, Maritime, Mining and Energy Union, argued against the application, raising concerns about the proposed changes to the agreement. The application was heard in the Fair Work Commission.

The key legal issues before the Commission were whether the proposed changes to the Enterprise Agreement met the requirements of section 234 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the changes constituted a "better off overall test" and whether there was sufficient support from the employees for the proposed changes. The Commission also considered if the changes were consistent with the principles of good faith bargaining as required by the Act.

The Commission found that the applicant had demonstrated that the proposed changes met the better off overall test. The Commission accepted that the changes would provide employees with increased wages and improved working conditions, which outweighed any negative aspects of the changes. The Commission also found that there was sufficient support from the employees for the proposed changes, as evidenced by the majority vote in favour of the changes. The Commission further found that the changes were consistent with the principles of good faith bargaining. The application was therefore approved, and the Enterprise Agreement was varied accordingly.

The Fair Work Commission approved the application for variation of the Easy Reach Concrete Pumping Enterprise Agreement 2011. The changes to the agreement included increased wages and improved working conditions for employees. The Commission found that the changes met the better off overall test and were supported by a majority of employees. The Commission also found that the changes were consistent with the principles of good faith bargaining. The variation to the Enterprise Agreement is now in effect.

Easy Reach Concrete Pumping 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