Austral Precast (NSW) Pty Ltd T/A Austral Precast

[2022] FWCA 564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Austral Precast (NSW) Pty Ltd T/A Austral Precast

(AG2022/10)

AUSTRAL PRECAST NEW SOUTH WALES ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 18 FEBRUARY 2022

Application for approval of the Austral Precast New South Wales Enterprise Agreement 2021

Austral Precast (NSW) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Austral Precast New South Wales Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed on 18 February 2022. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

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.

Section 183 Bargaining representative

The Australian Workers Union (the AWU), 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) of the Act, I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54(1)(b) of the Act and clause 4.4 of the Agreement, will operate from 28 February 2022. The nominal expiry date of the Agreement is 18 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Austral Precast (NSW) Pty Ltd trading as Austral Precast, the applicant sought approval for the Austral Precast New South Wales Enterprise Agreement 2021. The case was heard in the Fair Work Commission, where the applicant argued that the proposed agreement was appropriate for the workforce and met the necessary standards under the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement provided fair terms and conditions of employment and whether it was made in accordance with the procedural requirements set out in the Act.

The Commission examined the evidence and submissions provided by the parties. It considered whether the agreement provided for fair and reasonable terms and conditions, whether it was made in good faith, and whether the necessary procedural steps had been followed. The Commission also assessed the impact of the agreement on the workforce, including the balance of interests between the employer and employees. After reviewing the evidence and submissions, the Commission concluded that the agreement was fair and reasonable and met the procedural requirements. It found that the agreement provided for fair terms and conditions of employment and was made in good faith.

Consequently, the Fair Work Commission approved the Austral Precast New South Wales Enterprise Agreement 2021. The Commission determined that the agreement was appropriate and met the necessary standards under the Fair Work Act 2009. The approval of the agreement provides a framework for the terms and conditions of employment for the workforce and ensures that the parties can continue their industrial relationship under the agreed terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established