Meales Concrete Pumping Pty Ltd

[2014] FWCA 2217

FAIR WORK COMMISSION

DECISION

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

Meales Concrete Pumping Pty Ltd
(AG2014/670)

MEALES CONCRETE PUMPING MACKAY ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 3 APRIL 2014

Application for approval of the Meales Concrete Pumping Mackay Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 25 March 2014 by Meales Concrete Pumping Pty Ltd for the approval of a single-enterprise agreement known as the Meales Concrete Pumping Mackay Enterprise Agreement 2014(“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

The applicant, Meales Concrete Pumping Pty Ltd, sought approval of the Meales Concrete Pumping Mackay Enterprise Agreement 2014. The applicant's employees were covered by the Pumping and Construction Award 2010, and the enterprise agreement was intended to cover those employees. The application was brought in the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009. The application was contested by the union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union.

The legal issues before the Commission were whether the proposed agreement met the requirements for being an enterprise agreement under the Fair Work Act 2009, and whether it was in the best interests of the employees to approve the agreement. The Commission noted that the agreement was proposed by the applicant and had been negotiated in good faith with the union. The agreement contained terms and conditions of employment that were better than those in the applicable award. The Commission also considered that the agreement provided for adequate consultation and information procedures, and that it was in the best interests of the employees to approve the agreement.

The Commission approved the application and made the Meales Concrete Pumping Mackay Enterprise Agreement 2014 a registered agreement. The agreement will apply to the employees covered by the application from 1 July 2014. The agreement provides for a 25% increase in wages over four years, improved leave entitlements, and a new dispute resolution procedure. The agreement also includes provisions for consultation and information meetings, and for the negotiation of further agreements in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established