Perth Concrete Pumping Pty Ltd

[2023] FWCA 1515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Perth Concrete Pumping Pty Ltd

(AG2023/1296)

PERTH CONCRETE PUMPING PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 30 MAY 2023

Application for approval of the Perth Concrete Pumping Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Perth Concrete Pumping Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Perth Concrete Pumping Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 6 June 2023. The nominal expiry date of the Agreement is 30 May 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Perth Concrete Pumping Pty Ltd sought approval for the Enterprise Agreement 2023 from the Fair Work Commission. The applicant and respondents, representing employees, disputed certain provisions, primarily concerning wages, hours, and other conditions of employment. The Fair Work Commission was tasked with assessing whether the agreement complied with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement met the requirements under the Fair Work Act 2009, specifically sections that pertain to the procedural fairness of the bargaining process and the substantive fairness of the agreement's terms. The Commission also had to determine whether the agreement appropriately balanced the interests of the employer and the employees.

The Fair Work Commission found that the Enterprise Agreement was procedurally fair, having been negotiated in good faith and with adequate disclosure of relevant information. The Commission considered the submissions from both parties and concluded that the agreement was substantively fair, as it provided for reasonable wages and conditions that were not adversely affected by the changes. The Commission determined that the agreement appropriately balanced the interests of the employer and the employees, and was in accordance with the relevant provisions of the Fair Work Act 2009.

Accordingly, the Fair Work Commission approved the Enterprise Agreement 2023 for Perth Concrete Pumping Pty Ltd. The approval was effective from the date of the decision, and both parties were bound by the terms of the agreement. The Commission emphasised the importance of ongoing compliance with the Fair Work Act 2009 in the implementation and operation of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established