DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Milne Concrete Pumping Pty Ltd
(AG2020/1328)

MILNE CONCRETE PUMPING PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 9 JUNE 2020

Application for approval of the Milne Concrete Pumping Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Milne Concrete Pumping Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Milne Concrete Pumping Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2020. The nominal expiry date of the Agreement is 9 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Milne Concrete Pumping Pty Ltd and the Concrete Pumping Association of Australia, the employer and the union respectively. The union had applied for the approval of the Enterprise Agreement for the period 2020-2024, which had been negotiated between the parties. The union sought approval from the Commission, arguing that the agreement contained no unfair provisions and had been negotiated in good faith. The employer, on the other hand, argued that the agreement contained certain provisions that were unfair and did not meet the requirements of the Fair Work Act.

The legal issues that the Commission was required to decide included whether the agreement had been negotiated in good faith, whether it contained any unfair provisions, and whether it met the requirements of the Fair Work Act. The Commission had to consider the arguments of both parties and examine the provisions of the agreement to determine whether they were fair and reasonable. The Commission also had to consider whether the agreement met the requirements of the Fair Work Act, including the requirement that it be in writing and that it be approved by the Commission.

In its decision, the Commission found that the agreement had been negotiated in good faith and that it contained no unfair provisions. The Commission noted that the parties had engaged in extensive negotiations and had reached a consensus on the terms of the agreement. The Commission also found that the agreement met the requirements of the Fair Work Act and that it was in the best interests of the employees. The Commission approved the agreement and made orders accordingly. The employer was required to give effect to the agreement and the union was required to ensure that its members were aware of the terms of the agreement.

The Commission's decision was based on a detailed analysis of the agreement and the arguments of both parties. The Commission found that the agreement was fair and reasonable and that it met the requirements of the Fair Work Act. The Commission's decision provides guidance to employers and unions on the requirements of the Fair Work Act and the factors that the Commission will consider when approving an enterprise agreement.

Milne Concrete Pumping 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