Mobile Concreting Solutions Pty Ltd

Case [2024] FWCA 2234
[2024] FWCA 2234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mobile Concreting Solutions Pty Ltd

(AG2024/1985)

MOBILE CONCRETING SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2024

Road transport industry

DEPUTY PRESIDENT BEAUMONT

PERTH, 18 JUNE 2024

Application for approval of the Mobile Concreting Solutions Pty Ltd Enterprise Agreement 2024

  1. Mobile Concreting Solutions Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Mobile Concreting Solutions Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).  The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure 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. As there were no bargaining representatives in respect of this application, views on the undertakings were unable to be sought in accordance with s 190(4) of the Act.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

  1. The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

  1. The Agreement was approved on 18 June 2024 and, in accordance with s 54, will operate from 25 June 2024.  The nominal expiry date of the Agreement is 18 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE525066  PR776077>

Annexure A

Details
AGLC
Mobile Concreting Solutions Pty Ltd [2024] FWCA 2234
Case
[2024] FWCA 2234
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Mobile Concreting Solutions Pty Ltd applied for approval of the Mobile Concreting Solutions Pty Ltd Enterprise Agreement 2024. The agreement aimed to establish the terms and conditions of employment for the company's employees. The primary dispute was whether the agreement met the requirements of the Fair Work Act 2009, including whether it contained all the mandated terms and conditions and provided fair and reasonable terms for the employees.

The legal issues before the Commission were whether the agreement fulfilled the statutory obligations under the Fair Work Act, including the mandatory inclusion of minimum terms and conditions, and whether it provided fair and reasonable terms for the employees. Additionally, the Commission considered whether there was sufficient employee and employer consultation in the agreement's development.

The Commission found that the agreement met all the statutory requirements of the Fair Work Act. The agreement included all the mandated minimum terms and conditions and provided fair and reasonable terms for the employees. The Commission was satisfied that there had been adequate consultation between the parties during the agreement's development. The application for approval of the agreement was thus approved.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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