DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Q-Crete Premix Pty Ltd
(AG2016/4259)

Q-CRETE AGITATOR DRIVERS ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 15 SEPTEMBER 2016

Application for approval of the Q-Crete Agitator Drivers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Q-Crete Agitator Drivers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Q-Crete Premix Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 22 September 2016. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Q-Crete Premix Pty Ltd applied for approval of the Q-Crete Agitator Drivers Enterprise Agreement 2016. The applicant is an employer in the concrete manufacturing industry, and the dispute centres on whether the proposed enterprise agreement meets the criteria for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement, which sets out the terms and conditions of employment for agitator drivers, is in the interests of the employees and complies with the relevant legislative provisions.

The central legal issues before the Commission were whether the agreement adequately protects the interests of the employees and if it meets the criteria for approval under section 234 of the Fair Work Act. This involved assessing whether the agreement provides fair and reasonable terms and conditions, ensures no unfair detriment to employees, and that it has been made in good faith. Additionally, the Commission needed to consider if the agreement was negotiated genuinely and whether the process was fair.

After examining the submissions from both parties and the evidence presented, the Commission concluded that the agreement met the necessary criteria for approval. The agreement was found to be in the best interests of the employees, providing them with fair and reasonable terms, and it was negotiated genuinely. The Commission determined that the agreement did not result in any unfair detriment to the employees and was made in good faith. The process of negotiating the agreement was also deemed to be fair, leading to the conclusion that the agreement should be approved.

The Fair Work Commission approved the Q-Crete Agitator Drivers Enterprise Agreement 2016, determining that it meets the statutory criteria and is in the best interests of the employees. The approval is effective from the date specified in the agreement, and it will govern the terms and conditions of employment for agitator drivers in accordance with the Fair Work Act.

Q-Crete Premix 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