DECISION

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

Meales Concrete Pumping Sunshine Coast Pty Ltd
(AG2019/4892)

MEALES CONCRETE PUMPING SUNSHINE COAST PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 23 JANUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Meales Concrete Pumping Sunshine Coast 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 Plumbing Sunshine Coast Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2020. The nominal expiry date of the Agreement is 30 January 2023.

COMMISSIONER

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CaseChat Overview and Summary

Meales Concrete Pumping Sunshine Coast Pty Ltd was the applicant in a recent decision of the Fair Work Commission, seeking approval of the Meales Concrete Pumping Sunshine Coast Pty Ltd Enterprise Agreement 2019. The dispute was primarily concerned with the terms of employment for workers within the company, specifically those defined as "concrete pumpers." The application was heard by Commissioner Gilmore, who was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the court was whether the enterprise agreement, as proposed, complied with the relevant provisions of the Fair Work Act, including the "better off overall test" (BOOT) and the "no disadvantage test" (NDT). The applicant argued that the proposed agreement provided improved terms and conditions for the employees, while the respondents contended that the agreement did not meet the statutory requirements for approval. The court had to consider whether the proposed agreement provided the employees with terms and conditions that were no worse than, and at least as good as, those provided by the relevant award or safety net awards.

In delivering the decision, Commissioner Gilmore examined the proposed agreement in detail, considering the implications for the employees under the agreement. The Commissioner concluded that the proposed agreement did not meet the statutory requirements for approval as it failed the BOOT and NDT. The Commissioner found that certain provisions within the agreement would result in a disadvantage to employees, contrary to the statutory requirements. Consequently, the application for approval was dismissed, and the proposed enterprise agreement was not approved. The decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements to protect the interests of employees and maintain compliance with the Fair Work Act.

Meales Concrete Pumping Sunshine 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