DECISION

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

Gladstone Concrete Pumping Pty Ltd as trustee for the Ian Olifent Family Trust T/A Meales Concrete Pumping Gladstone
(AG2017/4033)

MEALES CONCRETE PUMPING GLADSTONE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 3 NOVEMBER 2017

Application for approval of the Meales Concrete Pumping Gladstone Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Meales Concrete Pumping Gladstone Enterprise Agreement 2017 (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 as trustee for the Ian Olifent Family Trust T/A Meales Concrete Pumping Gladstone. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 November 2017. The nominal expiry date of the Agreement is 10 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Gladstone Concrete Pumping Pty Ltd as trustee for the Ian Olifent Family Trust, trading as Meales Concrete Pumping Gladstone, sought approval of the Meales Concrete Pumping Gladstone Enterprise Agreement 2017 from the Fair Work Commission. The application was brought under section 234 of the Fair Work Act 2009, with the primary issue being whether the agreement met the requirements for approval under the Act.

The Fair Work Commission considered whether the agreement was in the public interest, as well as whether it complied with the provisions of the Fair Work Act and the Fair Work Regulations. This included assessing the agreement against the 'better off overall test', which required the Commission to determine whether the employees were better off overall under the agreement compared to their previous conditions of employment. Additionally, the Commission examined whether the agreement adequately covered the matters it was intended to cover and whether it was made in good faith.

In reaching its decision, the Fair Work Commission found that the Meales Concrete Pumping Gladstone Enterprise Agreement 2017 was in the public interest and met the requirements for approval under the Fair Work Act. The Commission determined that the agreement was made in good faith and provided for matters that were intended to be covered. Furthermore, the Commission concluded that the agreement was better off overall for the employees, as it provided them with improved terms and conditions of employment, including increased wages and better access to leave entitlements. Consequently, the Fair Work Commission approved the Meales Concrete Pumping Gladstone Enterprise Agreement 2017.

The Fair Work Commission ordered that the Meales Concrete Pumping Gladstone Enterprise Agreement 2017 be approved and registered under section 234 of the Fair Work Act 2009, with the approval to be effective from the date of the Commission's decision. This decision provided certainty to both the employer and employees, as well as ensured compliance with the Fair Work Act and the Fair Work Regulations.

Gladstone Concrete Pumping Pty Ltd as trustee for the Ian Olifent Family Trust T/A Meales Concrete Pumping Gladstone

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established