Gladstone Concrete Pumping Pty Ltd

[2014] FWCA 4614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Gladstone Concrete Pumping Pty Ltd
(AG2014/1638)

MEALES CONCRETE PUMPING GLADSTONE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 10 JULY 2014

Application for approval of the Meales Concrete Pumping Gladstone Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Meales Concrete Pumping Gladstone Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gladstone Concrete Pumping Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 July 2014. The nominal expiry date of the Agreement is 9 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gladstone Concrete Pumping Pty Ltd, an applicant, sought approval of the Meales Concrete Pumping Gladstone Enterprise Agreement 2014. The respondent, Australian Building and Construction Commission (ABCC), opposed the approval. The application was heard by the Fair Work Commission. The central issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in accordance with the relevant provisions of the Act and whether it contained all the mandated minimum terms and conditions.

The Commission examined the procedural aspects of the agreement, focusing on whether the agreement was genuinely negotiated and if the process adhered to the legal standards. The Court found that the negotiation process was fair and genuine, and the agreement was not made under duress or coercion. The content of the agreement was also scrutinised to ensure it met the minimum standards prescribed by the Act, including provisions on wages, hours of work, and other employment conditions. The Commission determined that the agreement was compliant with the statutory requirements and contained all the necessary minimum terms. The Court approved the Meales Concrete Pumping Gladstone Enterprise Agreement 2014, finding it to be valid and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established