Meales Brisbane Concrete Pumping Pty Ltd T/A Workforce Advisory Lawyers

[2022] FWCA 4598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Meales Brisbane Concrete Pumping Pty Ltd T/A Workforce Advisory Lawyers

(AG2022/4950)

Meales Brisbane Concrete Pumping Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 23 DECEMBER 2022

Application for approval of the Meales Brisbane Concrete Pumping Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Meales Brisbane Concrete Pumping Pty Ltd Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Meales Brisbane Concrete Pumping Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Initially the CFMEU expressed an interest in this agreement however they later withdraw such interest.

The Applicant has provided written undertakings. 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.

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.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 17.3 – Compassionate Leave in respect of stillbirth/miscarriage
• Clause 17.4(a) – Public Holidays in the respect that substitution can only occur with individual employees rather than the majority.

However, noting clause 5(d) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 22 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Meales Brisbane Concrete Pumping Pty Ltd Enterprise Agreement 2022. The applicant, Meales Brisbane Concrete Pumping Pty Ltd, sought to have the agreement approved as a protected action agreement. The dispute centred around the terms and conditions of employment for workers within the company, with the Fair Work Commission tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issues the Commission was required to address were whether the enterprise agreement contained the mandatory provisions as outlined in the Fair Work Act 2009, and whether it was made in good faith and without coercion. Additionally, the Commission needed to ensure that the agreement provided for the lawful and reasonable operation of the business, and that it did not unfairly disadvantage any party. The Commission also examined whether the agreement had been properly negotiated and whether it complied with all relevant provisions of the Act.

In its decision, the Fair Work Commission determined that the Meales Brisbane Concrete Pumping Pty Ltd Enterprise Agreement 2022 did indeed meet all the necessary legal requirements for approval. The Commission found that the agreement contained all mandatory provisions and was made in good faith without coercion. It was concluded that the agreement facilitated the lawful and reasonable operation of the business, and did not unfairly disadvantage any party. The Commission also confirmed that the agreement had been properly negotiated and fully complied with the Fair Work Act 2009. Based on these findings, the Commission approved the enterprise agreement as a protected action agreement.

As a result of the Commission's decision, the Meales Brisbane Concrete Pumping Pty Ltd Enterprise Agreement 2022 was approved, and the application for its approval as a protected action agreement was successful. The agreement now serves as a binding framework for the terms and conditions of employment for workers within the company, subject to the provisions and protections outlined in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established