DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Workers' Union of Australia
(AG2018/3854)

PIAVE PREMIX CONCRETE AGREEMENT (VICTORIA) 2018

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 26 NOVEMBER 2018

Application for approval of the Piave Premix Concrete Agreement (Victoria) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Piave Premix Concrete Agreement (Victoria) 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transport Workers’ Union of Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 November 2018 and, in accordance with s.54, will operate from 3 December 2018. The nominal expiry date of the Agreement is 13 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Transport Workers' Union of Australia applied for approval of the Piave Premix Concrete Agreement (Victoria) 2018, which was contested by Piave Premix Concrete. The Fair Work Commission was the court that heard the matter. The central legal issue revolved around whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative framework.

The court considered the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, focusing on whether the agreement met the criteria for being an "enterprise agreement." The court also evaluated the fairness and practicality of the agreement's terms and conditions, as well as its potential impact on employees' rights and working conditions. It assessed whether the agreement provided adequate protections and benefits to the workforce.

The court found that the Piave Premix Concrete Agreement (Victoria) 2018 was fair and reasonable, meeting the statutory requirements for an enterprise agreement. The court approved the agreement based on its assessment that it provided adequate protections, benefits, and terms for the employees. The decision was based on the overall benefits of the agreement, including improved working conditions and fair compensation, outweighing any minor shortcomings.

The final order of the court was the approval of the Piave Premix Concrete Agreement (Victoria) 2018, allowing it to be registered and enforceable under the Fair Work Act 2009. The agreement was deemed to be in the best interests of the employees and compliant with the relevant legislative provisions.

Transport Workers' Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established