DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aus Cast Pty. Ltd
(AG2017/1611)

AUS CAST PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 30 MAY 2017

Application for approval of the Aus Cast Pty Ltd and Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aus Cast Pty Ltd and Employees Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aus Cast Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2017. The nominal expiry date of the Agreement is 29 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Aus Cast Pty Ltd and its employees, with the Fair Work Commission (FWC) acting as the court in this matter. The primary issue was the approval of the Aus Cast Pty Ltd and Employees Enterprise Agreement 2017, which was submitted by the employer for consideration. The FWC had to determine if the agreement met the necessary legal standards and if it was fair and reasonable for the employees.

The legal issues before the FWC included whether the agreement adequately covered all mandated minimum entitlements and if it adhered to the provisions of the Fair Work Act 2009. The court had to assess whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and if it provided for proper pay and conditions, including minimum wage rates, penalty rates, and leave entitlements. Additionally, the FWC needed to consider the fairness and reasonableness of the agreement in terms of its overall benefits and conditions.

In reaching its decision, the FWC considered the submissions from both parties, the evidence provided, and the relevant legislative framework. The court found that the agreement did indeed cover all the mandated minimum entitlements and adhered to the Fair Work Act 2009. The FWC concluded that the agreement was fair and reasonable for the employees, as it provided for appropriate pay and conditions, and it did not contain any terms that would be detrimental to the employees. Based on these findings, the FWC approved the Aus Cast Pty Ltd and Employees Enterprise Agreement 2017.

The final orders of the FWC were that the agreement would be approved and registered under the Fair Work Act 2009. The agreement would then become the legally binding enterprise agreement between Aus Cast Pty Ltd and its employees, effective from the date of the FWC's decision.

Aus Cast Pty. Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established