Meales Concrete Pumping Queensland Pty Ltd

[2019] FWCA 7471

[2019] FWCA 7471

FAIR WORK COMMISSION

DECISION

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

Meales Concrete Pumping Queensland Pty Ltd
(AG2019/3358)

MEALES CONCRETE PUMPING QUEENSLAND PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 23 DECEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Meales Concrete Pumping Queensland 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 Queensland Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] On 13 September 2019, correspondence was sent to the Commission by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) advising that in accordance with the Full Bench decision in Construction, Forestry, Mining and Energy Union v Ron Southon Pty Ltd[2016] FWCFB 8413, the CFMMEU had a material interest in the matter and requesting copies of the enterprise agreement, Form 16, Form 17, and Notice of Representative Rights and requesting that no decision be made to approve the agreement until the CFMMEU have had the opportunity to make submissions in the matter.

[4] The documents were provided to the CFMMEU and a hearing was held by telephone in my Chambers on 14 October 2019. Mr Dean Cameron of Workforce Advisory Lawyers appeared on behalf of the Applicant and Mr Paul Dunbar attended on behalf of the CFMMEU.

[5] On 15 October 2019, I invited submissions by both parties in relation to issues raised at this hearing.

[6] A further hearing was held by telephone in my Chambers on 4 December 2020. Mr Dean Cameron again appeared on behalf of the Applicant and Mr Paul Dunbar attended on behalf of the CFMMEU.

[7] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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 and will address issues raised by the Commission and the CFMMEU concerning the BOOT.

[8] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met.

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

COMMISSIONER

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Appendix A.