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

[2022] FWCA 4598

[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.

1. 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.

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

1. 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.

1. 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.

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

1. 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.

1. 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.

1. 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.

1. 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

<AE518745  PR749272>