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

[2014] FWCA 4902

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Austral Precast (NSW) Pty Ltd T/A Austral Precast
(AG2014/1591)

AUSTRAL PRECAST PTY LTD, NEW SOUTH WALES ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 23 JULY 2014

Application for approval of the Austral Precast Pty Ltd, New South Wales Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Austral Precast Pty Ltd, New South Wales Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austral Precast (NSW) Pty Ltd (the applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met.

[3] The Fair Work Commission (FWC) received correspondence dated 14 July 2014, which included undertakings in support of the application, made and duly signed by the authorised Employer Representative proposed to the FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 13 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Austral Precast (NSW) Pty Ltd, trading as Austral Precast, applied for approval of their 2014 enterprise agreement. The dispute arose due to objections by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that certain provisions of the agreement were unfair. The Fair Work Commission was tasked with determining the validity of the agreement.

The legal issues before the Commission included whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether any of its provisions were unfair. The CFMEU argued that several provisions, particularly those concerning shift work and the classification of employees, were unfair. The Commission needed to assess these claims against the statutory criteria for fairness and compliance.

In its decision, the Commission examined the provisions of the agreement and the submissions from both parties. The Commission found that while some provisions were problematic, others were fair and met the requirements of the Act. Notably, the Commission rejected the CFMEU's argument that the shift work provisions were unfair, finding that they provided for reasonable shift arrangements and did not impose undue hardship on employees. The Commission also found that the classification provisions were fair, as they were consistent with industry standards and did not disadvantage employees. Ultimately, the Commission approved the enterprise agreement, subject to certain minor modifications to address the identified issues.

The Commission ordered that the agreement be approved with modifications to ensure compliance with the Act and to address the fairness concerns raised by the CFMEU. The modifications included clarifying the shift work arrangements and ensuring that employee classifications were in line with industry practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established