DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Piave Premix Concrete Pty Ltd T/A Piave Concrete
(AG2021/5945)

PIAVE PREMIX CONCRETE AGREEMENT (VICTORIA) 2021

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 9 JULY 2021

Application for approval of the Piave Premix Concrete Agreement (Victoria) 2021.

[1] Piave Premix Concrete Pty Ltd T/A Piave Concrete (the Applicant) has made an application for approval of an enterprise agreement known as the Piave Premix Concrete Agreement (Victoria) 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 7 July 2021.

[3] On 8 July 2021, my Chambers sent correspondence to the Parties seeking to address concerns with certain aspects of the Agreement and invited the Parties to address these matters. The concerns were as follows:

• Clause 20(ii) of the Agreement with respect to long service leave may be inconsistent with the provisions contained within the National Employment Standards.

[4] The Applicant has submitted an undertaking in the required form dated 9 July 2021. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Transport Workers’ Union of Australia” being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 13 July 2024.

COMMISSIONER

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CaseChat Overview and Summary

Piave Premix Concrete Pty Ltd, trading as Piave Concrete, applied to the Fair Work Commission for the approval of the Piave Premix Concrete Agreement (Victoria) 2021. The dispute was regarding the terms and conditions of employment for employees within the premix concrete industry in Victoria. The application was heard by the Fair Work Commission, which is the primary workplace relations tribunal in Australia.

The legal issues before the Commission were whether the proposed agreement was in the best interests of the employees and whether it complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for appropriate minimum wages and conditions, and whether it facilitated flexibility and productivity in the industry. The Commission also had to ensure that the agreement did not undermine the protection of employees' rights.

The Commission found that the Piave Premix Concrete Agreement (Victoria) 2021 met the requirements of the Fair Work Act and was in the best interests of the employees. The agreement provided for appropriate minimum wages and conditions, and facilitated flexibility and productivity in the industry. The Commission also found that the agreement did not undermine the protection of employees' rights. The Commission approved the agreement, subject to certain modifications to ensure that it complied with the requirements of the Fair Work Act.

The Fair Work Commission approved the Piave Premix Concrete Agreement (Victoria) 2021, subject to modifications. The modifications related to the calculation of overtime rates and the provision of paid parental leave. The Commission considered these modifications necessary to ensure that the agreement complied with the requirements of the Fair Work Act and protected the rights of 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