L & K Concrete Pumping Pty Ltd Summary

[2022] FWCA 2935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

L & K Concrete Pumping Pty Ltd

(AG2022/3148)

Application for approval of the L & K Concrete Pumping Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 25 AUGUST 2022

Application for approval of the L & K Concrete Pumping Pty Ltd Enterprise Agreement 2022

[1] An application has been made for approval of an enterprise agreement known as the L & K Concrete Pumping Pty Ltd Enterprise Agreement 2022 (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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2022. The nominal expiry date of the Agreement is 25 August 2026.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the L & K Concrete Pumping Pty Ltd Enterprise Agreement 2022. The applicants were the employer, L & K Concrete Pumping Pty Ltd, and the union, the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute centred on the terms and conditions of employment within the concrete pumping industry, including wages, hours, and other workplace provisions. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement provided for the employees' minimum entitlements, whether it was free from prohibited content, and whether it complied with procedural requirements such as proper bargaining and notice provisions. Additionally, the Commission had to consider whether the agreement met the "better off overall test," ensuring that employees were not worse off financially under the new agreement compared to their previous conditions. The Commission also examined whether the agreement contained any provisions that might be contrary to public policy.

The Commission found that the agreement adequately provided for the employees' minimum entitlements, did not include any prohibited content, and complied with procedural requirements. It was determined that the agreement met the better off overall test, as employees would receive a pay increase and other benefits that outweighed any potential disadvantages. The Commission was satisfied that the agreement did not contravene any public policy considerations. Consequently, the Commission approved the L & K Concrete Pumping Pty Ltd Enterprise Agreement 2022.

The Fair Work Commission approved the L & K Concrete Pumping Pty Ltd Enterprise Agreement 2022, effective from the date of the decision. This decision ensures that the terms and conditions of employment for the workers within the concrete pumping industry are regulated under this approved agreement, providing a clear framework for both the employer and the employees.

L & K Concrete Pumping Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established