DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pittman Concrete Pumping Service (QLD) Pty Ltd
(AG2016/6095)

PITTMAN CONCRETE PUMPING SERVICE (QLD) PTY LTD ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2016

Application for approval of the Pittman Concrete Pumping Service (QLD) Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Pittman Concrete Pumping Service (QLD) Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pittman Concrete Pumping Service (QLD) 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] The Agreement was approved on 26 October 2016 and, in accordance with s.54, will operate from 2 November 2016. The nominal expiry date of the Agreement is 26 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application by Pittman Concrete Pumping Service (QLD) Pty Ltd for approval of an Enterprise Agreement (EA) with its employees. The EA in question was for the period from 2016 to 2020 and covered various aspects of employee terms and conditions. The dispute arose from objections lodged by the Queensland Building and Construction Employees' Union, which raised concerns about certain provisions in the EA.

The central legal issues before the FWC involved the compliance of the EA with the Fair Work Act 2009 (Cth). Specifically, the FWC needed to determine if the EA met the criteria for being a single, indivisible agreement and whether it included the minimum terms and conditions as required by law. The FWC also had to assess if the EA was in the best interests of the employees and if it had been fairly negotiated.

The FWC began its analysis by confirming that the EA was indeed a single, indivisible agreement. The EA was comprehensive, covering various employment aspects and ensuring all employees were uniformly covered. The FWC then examined the minimum terms and conditions, concluding that the EA provided at least the minimum entitlements set by the Fair Work Act. Additionally, the FWC found that the EA was in the best interests of the employees, taking into account the specific needs and circumstances of the workforce. The FWC accepted that the agreement had been fairly negotiated, supported by evidence from both parties.

The FWC approved the EA, recognising its comprehensive nature and the fairness of the negotiation process. The EA was found to meet all statutory requirements and adequately protect the employees' interests. The decision was a significant step forward for the parties, providing a stable and fair framework for the employment relationship over the specified period.

Pittman Concrete Pumping Service (QLD) 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