DECISION

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

Hunter Readymixed Concrete Pty Ltd
(AG2016/5481)

HUNTER READYMIXED CONCRETE ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER SAUNDERS	NEWCASTLE, 12 SEPTEMBER 2016

Application for approval of the Hunter Readymixed Concrete Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Readymixed Concrete Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hunter Readymixed Concrete Pty Ltd. 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 Transport Workers’ Union of New South Wales, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2016. The nominal expiry date of the Agreement is 19 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Readymixed Concrete Pty Ltd recently appeared before the Fair Work Commission, with the company seeking approval for the Hunter Readymixed Concrete Enterprise Agreement 2016. The dispute arose from the negotiations between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The core issues centred around the terms and conditions of employment, including wages, hours of work, and various other workplace entitlements.

The legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the "better off overall test". This test requires that the employees be no worse off financially under the new agreement and preferably better off overall. Additionally, the Commission had to consider whether the agreement was made in good faith and if it adhered to the principles of the Fair Work Act.

The Fair Work Commission found that the Hunter Readymixed Concrete Enterprise Agreement 2016 was compliant with the statutory requirements. The Commission noted that the agreement provided for fair and reasonable terms for both the employees and the employer. It was determined that the agreement met the better off overall test, as employees would experience improved conditions without a corresponding decrease in financial benefits. The Commission also concluded that the agreement was made in good faith and aligned with the principles of the Fair Work Act. Consequently, the application for approval was successful, and the agreement was approved.

Hunter Readymixed Concrete 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