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

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

In the case of Meales Concrete Pumping Queensland Pty Ltd, the Fair Work Commission was called upon to approve an enterprise agreement under the Fair Work Act 2009. The parties involved were Meales Concrete Pumping Queensland Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The primary dispute centred on the terms and conditions outlined in the Meales Concrete Pumping Queensland Pty Ltd Enterprise Agreement 2019, particularly whether the agreement met the legal requirements for approval and whether it was fair and reasonable in all aspects.

The legal issues before the Commission included whether the agreement had been made genuinely in the course of promoting or facilitating a good faith enterprise bargaining process, whether it provided for a procedure for its variation or termination, and whether it was in compliance with the national system of industrial relations. Additionally, the Commission had to assess whether the agreement was fair and reasonable in the context of the parties' respective bargaining positions, the nature of the industry, and broader economic conditions.

The Fair Work Commission found that the agreement had been made in good faith and was consistent with the principles of enterprise bargaining. It determined that the agreement provided adequate mechanisms for its variation or termination, and it complied with the national system of industrial relations. The Commission also concluded that the agreement was fair and reasonable, taking into account the bargaining positions of the parties, industry characteristics, and prevailing economic conditions. Consequently, the Commission approved the Meales Concrete Pumping Queensland Pty Ltd Enterprise Agreement 2019. The approval was made effective from the date of the decision, ensuring that the terms of the agreement would apply to the employees covered by the agreement.

Meales Concrete Pumping Queensland 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