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[7]
austlii:cth/FWCA/2025/2480
General information, not legal advice.
FWCA
2025-07-25
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
CITY CONCRETE PUMPING PTY LTD ENTERPRISE AGREEMENT 2025
Application for approval of the City Concrete Pumping Pty Ltd Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the City Concrete Pumping Pty Ltd Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City Concrete Pumping Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The Construction, Forestry and Maritime Union (CFMEU), a default bargaining representative, filed objections to the approval of the Agreement. The matter proceeded to hearing on 24 July 2025. The Applicant offered and subsequently filed undertakings in respect of the issues raised by the CFMEU that the CFMEU submitted in the hearing addressed their concerns about matters relevant to the approval of the Agreement. On the basis of the undertakings given by the Applicant, the CFMEU made clear it no longer objected to the approval of the Agreement.
[3] The Applicant has provided written undertakings. 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.
[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[5] I observe that clauses 22.1 relating to the accrual of annual leave and 10.4 relating to family and domestic violence leave may not be consistent with the National Employment Standards (NES). Noting the undertakings provided and clause 1.4 of the Agreement which gives precedence to the NES, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[6] The CFMEU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 1 August 2025. The nominal expiry date of the Agreement is 25 July 2029.
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