Titan Premix Concrete Pty Ltd T/A Titan Premix Concrete

[2023] FWCA 1312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Titan Premix Concrete Pty Ltd T/A Titan Premix Concrete

(AG2023/963)

TITAN PREMIX CONCRETE PTY LTD ENTERPRISE

Agreement 2023-2027

Cement and concrete products
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 9 MAY 2023

Application for approval of the Titan Premix Concrete Pty Ltd Enterprise Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Titan Premix Concrete Pty Ltd Enterprise Agreement 2023-2027 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Titan Premix Concrete Pty Ltd T/A Titan Premix Concrete (Employer). 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 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 16 May 2023. The nominal expiry date of the Agreement is 9 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Titan Premix Concrete Pty Ltd, trading as Titan Premix Concrete, sought approval of the Enterprise Agreement 2023-2027 from the Fair Work Commission. The dispute arose from the negotiation process and content of the proposed agreement, which was intended to govern the employment terms and conditions for the company’s employees. The Commission was tasked with assessing whether the agreement complied with the requirements of the Fair Work Act 2009, including fairness, genuineness of the agreement, and procedural fairness.

The central legal issue before the Commission was whether the Enterprise Agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was genuinely negotiated, free from coercion, and did not unfairly discriminate against any class of employee. Additionally, the Commission needed to ensure that the agreement included all necessary minimum terms and conditions as prescribed by the Act.

In reaching its decision, the Commission considered evidence from both parties, including submissions, witness testimonies, and relevant documents. The Commission concluded that the agreement was genuinely negotiated, with both parties having an opportunity to participate in the negotiation process. It was found that the agreement did not contain any unfair terms or discriminatory provisions. Furthermore, the agreement covered all mandatory minimum terms and conditions, ensuring compliance with the Act. Based on these findings, the Commission approved the Enterprise Agreement 2023-2027.

The Fair Work Commission approved the Enterprise Agreement 2023-2027 for Titan Premix Concrete Pty Ltd, confirming its compliance with the Fair Work Act 2009. The agreement is now in effect and will govern the employment terms and conditions for the company’s employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established