Fair Work Act 2009

s.229 - Application for a bargaining order

• [1] On 9 October 2025, The Australian Workers' Union (AWU) made an application pursuant to s.229 of the Fair Work Act 2009 (the Act) for a bargaining order. The Respondent to this application is Jaze Nominees Pty Ltd As Trustee For ZB Trust Trading As Frankston Concrete Products ('FCP').

• [2] Directions for this matter to be determined were issued and a Hearing was listed for 24 October 2025 in Melbourne. I conducted a case management conference once all the material was filed by the parties on 23 October 2025. At this conference the parties were able to reach an agreement to settle the matter. This recommendation records the agreement reached between the parties.

• [3] Within 7 days of this recommendation, the Respondent is to notify the Applicant in writing:

1. which clauses in the current draft Agreement the Respondent agrees to;
2. which clauses in the current draft Agreement the Respondent does not agree to; and
3. in respect of each clause the Respondent does not agree to:
   1. the reason the Respondent does not agree to the clause;
   2. the Respondent's proposed alternative clause;
   3. the reason for the Respondent's proposed alternative clause.

• [4] Within 7 days of receiving the Respondent's notification, the Applicant is, in respect of each clause the Respondent does not agree to, notify the Respondent in writing:

1. whether the Applicant agrees to the Respondent's proposed clause; and:
2. in respect of each proposed clause the Applicant does not agree to:
   1. the Applicant's proposed alternative clause; and
   2. the reason for the Applicant's proposed clause.

• [5] If the Applicant notifies the Respondent that it does not disagree with any of the Respondent's proposed clauses or there are no outstanding clauses at any other time during bargaining, the Respondent will, within 7 days, take steps to put the draft Agreement to a vote of Employees.

• [6] In all future bargaining meetings and correspondence, the Respondent is to clearly:

1. identify any terms of the current draft agreement that it does not agree to;
2. articulate the reason each term is not agreed; and
3. articulate the Respondent's proposed alterative to the term.

• [7] Either party may file s.240 Application with the Commission, should assistance be required to progress bargaining.

• [8] Within 7 days of an agreement being reached to sell the business or property/land , the Respondent is to provide to the Applicant and all Employees, in accordance with Clause 28 of the Concrete Products Award 2020:

1. Notice as regards to sale of business/property/land;
2. The likely effect on employees;
3. Measures to avoid or reduce adverse effects of the change on employees.

• [9] FCP and/or the AWU will not cause unnecessary delays in making a proposed enterprise agreement.

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