DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wallace Family Trust t/a Wallace Concrete Pumping
(AG2019/1542)

WALLACE FAMILY TRUST T/AS WALLACE CONCRETE PUMPING ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 JULY 2019

Application for approval of the Wallace Family Trust t/as Wallace Concrete Pumping Enterprise Agreement 2019 - 2023

[1] Wallace Family Trust t/a Wallace Concrete Pumping has made an application for approval of an enterprise agreement known as the Wallace Family Trust t/as Wallace Concrete Pumping Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 8 July 2019 and, in accordance with s 54, will operate from 15 July 2019. The nominal expiry date of the Agreement is 8 July 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Wallace Family Trust, trading as Wallace Concrete Pumping, applied to the Fair Work Commission for approval of the Wallace Concrete Pumping Enterprise Agreement 2019 - 2023. The application was opposed by a union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed enterprise agreement adequately provided for the employees' entitlements and whether the application complied with relevant legislative requirements.

The legal issues before the court included whether the proposed agreement met the 'better off overall test', which requires that employees be no worse off financially under the new agreement compared to their previous conditions. Additionally, the court had to determine if the application for approval was made in accordance with the relevant provisions of the Fair Work Act 2009. A key point of contention was whether the agreement provided sufficient protections and benefits to the employees.

In its decision, the Fair Work Commission found that the proposed enterprise agreement did meet the better off overall test and was compliant with the Fair Work Act. The Commission noted that the agreement included provisions for minimum wages, penalty rates, and other entitlements that were at least equivalent to those previously enjoyed by the employees. The application was deemed to be properly made, and the Commission approved the enterprise agreement. This decision was based on a thorough examination of the evidence presented by both parties and a consideration of the legislative framework governing enterprise agreements.

The Fair Work Commission approved the Wallace Concrete Pumping Enterprise Agreement 2019 - 2023, rejecting the union's opposition. The Commission's decision was grounded in the finding that the agreement met the statutory requirements and provided adequate protections and benefits for the employees. The approval of the agreement ensures that it will be binding on the parties for the specified period.

Wallace Family Trust t/a Wallace Concrete Pumping

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established