Meales Concrete Pumping and Placing (Qld) Pty Ltd

[2014] FWCA 1987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Meales Concrete Pumping and Placing (Qld) Pty Ltd
(AG2014/604)

MEALES CONCRETE PUMPING AND PLACING (QLD) PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 24 MARCH 2014

Application for approval of the Meales Concrete Pumping and Placing (Qld) Pty Ltd Enterprise Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 March 2014 by Meales Concrete Pumping and Placing (Qld) Pty Ltd for the approval of a single-enterprise agreement known as the Meales Concrete Pumping and Placing (Qld) Pty Ltd Enterprise Agreement(“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

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

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Meales Concrete Pumping and Placing (Qld) Pty Ltd applied for the approval of the Meales Concrete Pumping and Placing (Qld) Pty Ltd Enterprise Agreement. The applicant is a concrete pumping company, and the respondents are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and various employees represented by the union. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement.

The key legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and if it met the criteria for being a simple, fair, and portable agreement. The Commission had to determine if the agreement provided for appropriate minimum rates of pay, overtime, penalty rates, and other entitlements for employees, as well as ensuring that it did not unfairly discriminate against any group of employees.

The Fair Work Commission found that the proposed enterprise agreement was compliant with the requirements of the Fair Work Act. It considered the agreement to be simple, fair, and portable, as it provided for minimum rates of pay, overtime, penalty rates, and other entitlements in line with industry standards. The Commission also determined that the agreement did not unfairly discriminate against any group of employees and was consistent with the provisions of the Act. Consequently, the application for approval was successful, and the enterprise agreement was registered.

The final orders included the registration of the Meales Concrete Pumping and Placing (Qld) Pty Ltd Enterprise Agreement, effective from the date of the Commission's decision. The agreement would now govern the terms and conditions of employment for the employees covered by the agreement, until it is terminated, replaced, or varied in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established