Transport Workers' Union of Australia

[2013] FWCA 1589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Transport Workers' Union of Australia
(AG2013/5508)

PIAVE PREMIX CONCRETE AGREEMENT (VICTORIA) 2012

Road transport industry
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 14 MARCH 2013

Application for approval of the Piave Premix Concrete Agreement (Victoria) 2012.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Piave Premix Concrete Agreement (Victoria) 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Transport Workers' Union of Australia. 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 is approved and, in accordance with s.54, will operate from 21 March 2013. The nominal expiry date of the Agreement is 13 July 2015.

[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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia applied to the Fair Work Commission for the approval of the Piave Premix Concrete Agreement (Victoria) 2012. The dispute arose from negotiations between the union and Piave Premix Concrete regarding the terms and conditions of employment for workers in the industry. The Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements set out in section 232 of the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. Additionally, the Commission had to consider whether the agreement provided for appropriate dispute resolution mechanisms.

In reaching its decision, the Commission examined the provisions of the proposed agreement, the bargaining process, and the evidence presented by both parties. The Commission found that the agreement contained terms and conditions that were fair and reasonable, and that the bargaining process was conducted in good faith. The Commission also noted that the agreement included appropriate mechanisms for the resolution of disputes. Based on these findings, the Commission approved the Piave Premix Concrete Agreement (Victoria) 2012.

The Commission's final orders included the approval of the agreement, with the conditions that it be registered with the Fair Work Commission and that it be given effect as a registered agreement under the Fair Work Act. The agreement was to commence on the date of registration and be in force for a period of five years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established