DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Valley Concrete Pumping Services Pty Ltd
(AG2018/3525)

HUNTER VALLEY CONCRETE PUMPING SERVICE PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the Hunter Valley Concrete Pumping Service Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Valley Concrete Pumping Service Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hunter Valley Concrete Pumping Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2019. The nominal expiry date of the Agreement is 7 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hunter Valley Concrete Pumping Services Pty Ltd recently appeared before the Fair Work Commission in a bid to have the Hunter Valley Concrete Pumping Service Pty Ltd Enterprise Agreement 2018-2022 approved. The primary dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly with regard to the procedural fairness and the proper consideration of the parties involved.

The legal issues before the court were primarily focused on whether the agreement had been made in good faith, whether the bargaining was genuinely undertaken, and if the agreement addressed the employees' interests effectively. Additionally, the court had to consider whether the agreement was fair and whether it complied with the relevant statutory provisions.

The Fair Work Commission found that the agreement was made in good faith and that the bargaining process was genuinely undertaken. The court was satisfied that the agreement addressed the employees' interests appropriately and considered the broader economic factors affecting the industry. The Commission noted that while some procedural issues were present, they did not significantly detract from the overall fairness and validity of the agreement. Consequently, the Hunter Valley Concrete Pumping Service Pty Ltd Enterprise Agreement 2018-2022 was approved, subject to certain conditions aimed at ensuring ongoing compliance and fairness.

Hunter Valley Concrete Pumping Services 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