Hunter Readymixed Concrete Pty Limited Summary

[2023] FWCA 569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hunter Readymixed Concrete Pty Limited

(AG2023/315)

Hunter Readymixed Concrete Enterprise Agreement 2023

Cement and concrete products
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 FEBRUARY 2023

Application for approval of the Hunter Readymixed Concrete Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Hunter Readymixed Concrete Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 March 2023. The nominal expiry date of the Agreement is 14 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Hunter Readymixed Concrete Pty Limited, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union, a trade union, have come before the Fair Work Commission in an application for approval of the Hunter Readymixed Concrete Enterprise Agreement 2023. The application seeks the Commission's endorsement of the terms and conditions set forth in the proposed enterprise agreement, which governs the employment of workers within Hunter Readymixed Concrete's operations. The central issue before the Commission was whether the agreement met the legal requirements for enterprise agreements as set out in the Fair Work Act 2009 and if it provided for the fair and equitable treatment of employees. The Commission had to consider whether the agreement included provisions that adequately covered minimum entitlements, provided for proper consultation, and did not discriminate against any class of employees.

In reaching its decision, the Commission analysed the provisions of the agreement to ensure compliance with the statutory requirements of the Fair Work Act 2009. The analysis included assessing whether the agreement covered all mandatory minimum entitlements as stipulated by the Act, including wages, leave entitlements, and other conditions of employment. The Commission also examined whether the agreement provided for a proper process of consultation between the employer and employees, ensuring that it was free from any unfair or discriminatory practices. Furthermore, the Commission evaluated if the agreement was fair and reasonable, taking into account the interests of both the employer and the employees.

The Fair Work Commission found that the Hunter Readymixed Concrete Enterprise Agreement 2023 met all the necessary legal requirements and provided for fair and equitable treatment of employees. The agreement was deemed to cover all mandatory minimum entitlements, had provisions for effective consultation, and did not discriminate against any class of employees. As a result, the Commission approved the agreement, and it will now be applicable to the employees of Hunter Readymixed Concrete. This decision ensures that the terms and conditions of employment are regulated by the agreement, providing a stable and legally compliant framework for the employer and employees.

Hunter Readymixed Concrete Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established