DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Readymixed Concrete Pty Ltd T/A Hunter Readymixed Concrete
(AG2019/4577)

HUNTER READYMIXED CONCRETE ENTERPRISE AGREEMENT 2019

Cement and concrete products
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 JANUARY 2020

Application for approval of the Hunter Readymixed Concrete Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Readymixed Concrete Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 January 2020. The nominal expiry date of the Agreement is 16 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Hunter Readymixed Concrete Pty Ltd T/A Hunter Readymixed Concrete applied for approval of the Hunter Readymixed Concrete Enterprise Agreement 2019. The applicant, a company in the ready-mixed concrete industry, sought to finalise its enterprise agreement with its employees, aiming to formalise the terms and conditions of employment for the specified period. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court was tasked with determining if the agreement provided for the fair and reasonable terms and conditions of employment, as mandated by the legislation. Specifically, it needed to assess whether the agreement adhered to the minimum standards set by the National Employment Standards and if it was free from any unfair content. The court also considered the process through which the agreement was made, including whether it was genuinely negotiated and if it was appropriately certified by an independent body.

Upon review, the Fair Work Commission found that the Hunter Readymixed Concrete Enterprise Agreement 2019 complied with the statutory requirements. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, meeting all legislative standards. The Commission was satisfied with the negotiation process and the certification provided, concluding that the agreement was not unfair. Accordingly, the application for approval was granted, and the enterprise agreement was registered.

The court's final order was the approval and registration of the Hunter Readymixed Concrete Enterprise Agreement 2019, effective from the date of the decision. This decision ensures that the terms of employment for the employees of Hunter Readymixed Concrete are legally binding and recognised under the Fair Work Act.

Hunter Readymixed Concrete Pty Ltd T/A Hunter Readymixed Concrete

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established