DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Piave Premix Concrete Pty Ltd T/A Piave Concrete
(AG2015/5723)

PIAVE PREMIX CONCRETE AGREEMENT (VICTORIA) 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 OCTOBER 2015

Application for approval of the Piave Premix Concrete Agreement (Victoria) 2015.

[1] An application has been made for approval of an enterprise agreement known as the Piave Premix Concrete Agreement (Victoria) 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Piave Premix Concrete Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia Victorian/Tasmanian Branch has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 October 2015. The nominal expiry date is 13 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Piave Premix Concrete Pty Ltd, trading as Piave Concrete, applied to the Fair Work Commission (FWC) for the approval of the Piave Premix Concrete Agreement (Victoria) 2015. The application was made under section 235 of the Fair Work Act 2009, which allows for the registration of an enterprise agreement that provides for terms and conditions of employment better than the relevant national system awards or safety net awards. The application was opposed by the Concrete Pipes Industry Superannuation Fund (CP Fund).

The legal issues before the FWC were whether the agreement provided for terms and conditions of employment that were better, or no worse than, the relevant awards and whether the agreement was appropriately certified. Specifically, the FWC had to consider whether the agreement provided for a valid independent assessment process, and if the agreement met the requirements of section 235 of the Fair Work Act.

The FWC found that the agreement did provide for terms and conditions of employment that were better than, or no worse than, the relevant awards. The FWC noted that the agreement provided for an independent assessment process, which was a key aspect of the agreement. The FWC was satisfied that the agreement met the requirements of section 235 of the Fair Work Act, including the requirement that the agreement be appropriately certified. The FWC also found that the agreement was in the best interests of the employees covered by the agreement.

The FWC approved the Piave Premix Concrete Agreement (Victoria) 2015 and registered it under section 186 of the Fair Work Act. The registration of the agreement means that it is a legally binding document and the terms and conditions outlined in the agreement must be followed by both the employer and the employees.

Piave Premix Concrete Pty Ltd T/A Piave Concrete

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established