DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Meales Concrete Pumping Gold Coast Pty Ltd
(AG2019/2567)

MEALES CONCRETE PUMPING GOLD COAST ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 14 NOVEMBER 2019

Application for approval of the Meales Concrete Pumping Gold Coast Enterprise Agreement 2019.

[1] Meales Concrete Pumping Gold Coast Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Meales Concrete Pumping Gold Coast Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 21 November 2019. The nominal expiry date of the Agreement is 21 November 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Meales Concrete Pumping Gold Coast Pty Ltd recently came before the Fair Work Commission, with the application being for the approval of the Meales Concrete Pumping Gold Coast Enterprise Agreement 2019. This dispute arose from the negotiation process between the employer and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The union sought to have the enterprise agreement approved, arguing that it met the necessary requirements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement contained all the mandatory terms required by the Fair Work Act 2009 and whether it was properly certified as a simple greenfields agreement. This involved examining whether the agreement was made in good faith, whether it was free from any improper influence or coercion, and whether it provided for a minimum rate of pay, leave entitlements, and other specified terms. The Commission also considered whether the agreement had been properly certified by an independent certifier and whether the process complied with the statutory requirements.

The Commission found that the agreement met all the statutory requirements for approval. It was determined that the agreement was made in good faith and free from any improper influence or coercion. The agreement included all the necessary mandatory terms, such as minimum rates of pay, leave entitlements, and other specified conditions. Furthermore, the Commission was satisfied that the agreement had been properly certified by an independent certifier in accordance with the provisions of the Fair Work Act 2009. Consequently, the application for approval of the enterprise agreement was successful.

The final orders of the Commission were that the Meales Concrete Pumping Gold Coast Enterprise Agreement 2019 be approved and registered with the Fair Work Commission. This decision ensures that the terms of the agreement will govern the employment conditions of the employees covered by the agreement, providing a clear and legally binding framework for their working conditions.

Meales Concrete Pumping Gold Coast 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