DECISION

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

Meales Concrete Pumping Melbourne Pty Ltd
(AG2019/2408)

MEALES CONCRETE PUMPING MELBOURNE PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 25 SEPTEMBER 2019

Application for approval of the Meales Concrete Pumping Melbourne Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Meales Concrete Pumping Melbourne Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Meales Concrete Pumping Melbourne Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5(c) 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 2 October 2019. The nominal expiry date of the Agreement is 2 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission received an application for the approval of the Meales Concrete Pumping Melbourne Pty Ltd Enterprise Agreement 2019. The applicant, Meales Concrete Pumping Melbourne Pty Ltd, is a concrete pumping company based in Melbourne. The agreement was made between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU), which represents the employees. The dispute centred on whether the enterprise agreement complied with the relevant legislative requirements, including fairness and compliance with the Fair Work Act 2009.

The court had to determine if the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it was free from any coercion, and whether it provided for a fair and reasonable process for the resolution of employee disputes. Additionally, the court examined the terms and conditions outlined in the agreement to ensure they were not unduly harsh, unreasonable, or discriminatory.

In its reasoning, the Fair Work Commission considered the evidence presented by both parties and examined the provisions of the agreement. The Commission concluded that the enterprise agreement was made in good faith and was free from coercion. It also found that the agreement contained provisions that were fair and reasonable, and did not include any terms that were unduly harsh, unreasonable, or discriminatory. Consequently, the Commission approved the Meales Concrete Pumping Melbourne Pty Ltd Enterprise Agreement 2019.

The Fair Work Commission approved the Meales Concrete Pumping Melbourne Pty Ltd Enterprise Agreement 2019, finding it to be compliant with the statutory requirements of the Fair Work Act 2009. The agreement was deemed to have been made in good faith and without coercion, and the terms and conditions were found to be fair and reasonable.

Meales Concrete Pumping Melbourne Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established