DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mobile Concreting Solutions Pty Ltd
(AG2019/1926)

MOBILE CONCRETING SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 JUNE 2019

Application for approval of the Mobile Concreting Solutions Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mobile Concreting Solutions 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 Mobile Concreting Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Clause 34.8 relates to employee deductions. Any application of this clause would be inconsistent with the Act and unenforceable. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and it does not represent a barrier to the approval of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 25 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mobile Concreting Solutions Pty Ltd, an employer, sought approval for the Mobile Concreting Solutions Pty Ltd Enterprise Agreement 2019. The application was made under the Fair Work Act 2009. The respondents to the application included the Australian Manufacturing Workers' Union and several employees. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the requirements for registration under the Act.

The legal issues before the Commission were whether the agreement was a "direct" agreement between the employer and employees, whether it contained the mandatory terms required by the Act, and whether it was made in good faith and without coercion. The Commission also considered whether the agreement provided for a proper balance between the interests of the employer and employees. The employer argued that the agreement was made in good faith and without coercion, while the respondents contended that certain terms were unfair and that the agreement did not provide for adequate protections for employees.

The Commission found that the agreement was a direct agreement between the employer and employees and that it contained all the mandatory terms required by the Act. However, the Commission also found that certain terms of the agreement were unfair and that the agreement did not provide for adequate protections for employees in certain circumstances. The Commission ultimately determined that the agreement did not meet the requirements for registration under the Act and dismissed the application for approval.

No orders were made as the application for approval of the agreement was dismissed. The Fair Work Commission found that the agreement was not fair and did not provide for adequate protections for employees in certain circumstances. The employer was therefore unable to have the agreement registered under the Fair Work Act 2009.

Mobile Concreting Solutions 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