DECISION

Fair Work Act 2009
s.185—Enterprise agreement

L & K Concrete Pumping Pty Ltd
(AG2017/2040)

L & K CONCRETE PUMPING PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 27 JULY 2017

Application for approval of the L & K Concrete Pumping Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the L & K Concrete Pumping Pty Ltd 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 L & K Concrete Pumping Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 was approved on 27 July 2017 and, in accordance with s.54, will operate from 3 August 2017. The nominal expiry date of the Agreement is 27 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

L & K Concrete Pumping Pty Ltd, an employer, sought approval of the L & K Concrete Pumping Pty Ltd Enterprise Agreement 2017, which was made between the company and its employees. The application was brought before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements in Australia. The dispute centred on whether the agreement met the legal requirements set forth by the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the agreement contained all the mandatory terms required by the Fair Work Act and whether it had been made in good faith and without coercion. Additionally, the Commission had to assess whether the agreement provided fair terms and conditions for the employees and whether it complied with the procedural requirements for making an enterprise agreement.

The Fair Work Commission found that the L & K Concrete Pumping Pty Ltd Enterprise Agreement 2017 met all the necessary requirements under the Fair Work Act. The agreement included all the mandatory terms, was made in good faith, and provided fair terms and conditions for the employees. Furthermore, the Commission determined that the agreement had been made in compliance with the procedural requirements. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the L & K Concrete Pumping Pty Ltd Enterprise Agreement 2017, confirming that it met all the legal requirements and was in the best interest of both the employer and employees. The agreement was deemed to provide fair terms and conditions, and the process of making the agreement was found to be compliant with the Fair Work Act.

L & K Concrete Pumping 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