DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Top Gear Concrete Pumping Pty Ltd
(AG2015/6071)

TOP GEAR CONCRETE PUMPING PTY LTD ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 NOVEMBER 2015

Application for approval of the Top Gear Concrete Pumping Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Top Gear Concrete Pumping Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Top Gear Concrete Pumping 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2015. The nominal expiry date of the Agreement is 19 November 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application by Top Gear Concrete Pumping Pty Ltd for the approval of the Enterprise Agreement 2015-2019. The dispute arose between Top Gear Concrete Pumping Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application for approval was made under section 235 of the Fair Work Act 2009. The CFMEU contested the application, raising concerns about various provisions within the proposed agreement.

The legal issues before the FWC included whether the agreement met the requirements of the Fair Work Act, particularly sections 231 and 232. These sections require that an enterprise agreement must be in writing, not be less favourable than the applicable award or agreement, and not have the effect of prejudicing the employees' rights to be protected from unfair dismissal. Additionally, the FWC had to consider whether the agreement complied with the good faith bargaining requirements under section 228 of the Act.

The FWC found that the Enterprise Agreement 2015-2019 met the statutory requirements of the Fair Work Act. The agreement was deemed to be in writing and was not less favourable than the applicable award. The FWC also found that the agreement did not prejudice employees' rights to be protected from unfair dismissal. Furthermore, the FWC concluded that the agreement was the product of good faith bargaining, as there was no evidence of coercion, unfair pressure, or other improper conduct. The application was therefore approved under section 235 of the Fair Work Act 2009.

The FWC approved the Enterprise Agreement 2015-2019 between Top Gear Concrete Pumping Pty Ltd and the CFMEU. The approval took effect from the date of the decision and would remain in force until the expiration date specified in the agreement.

Top Gear Concrete Pumping 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