Austral Precast (Qld) Pty Ltd T/A Austral Precast Queensland

[2022] FWCA 1942

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Austral Precast (Qld) Pty Ltd T/A Austral Precast Queensland

(AG2022/1503)

Austral Precast Salisbury Enterprise Agreement 2022

Cement and concrete products
COMMISSIONER SIMPSON	BRISBANE, 21 JUNE 2022

Application for approval of the Austral Precast Salisbury Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Austral Precast Salisbury Enterprise Agreement 2022 (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 (Qld) Pty Ltd T/A Austral Precast Queensland (the Applicant). The Agreement is a single enterprise agreement.

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.

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.

Noting the undertakings provided, 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.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Austral Precast (Qld) Pty Ltd, trading as Austral Precast Queensland, for the approval of the Austral Precast Salisbury Enterprise Agreement 2022. This agreement sought to regulate the terms and conditions of employment for its workers in the Salisbury area. The Commission was tasked with determining whether the agreement met the necessary statutory criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a "good faith" bargaining outcome, whether it provided for a "safety net" of minimum entitlements, and whether it complied with the procedural requirements under the Fair Work Act. Specifically, the Commission had to consider if the bargaining process was conducted in good faith, if the agreement provided for fair and reasonable terms, and if the agreement had been appropriately certified by an independent certifier.

The Commission found that the agreement was the product of genuine good faith negotiations between the employer and the employees' representative. It noted that the agreement provided for a comprehensive set of terms and conditions that met the statutory minimum entitlements, thereby ensuring a fair safety net for the employees. Furthermore, the Commission confirmed that all procedural requirements had been met, including proper certification by an independent party. Given these findings, the Commission approved the agreement, emphasising its compliance with the statutory requirements and its role in facilitating fair and productive workplace relations.

As a result of the Commission's decision, the Austral Precast Salisbury Enterprise Agreement 2022 was approved, effective from the date of the decision. This decision ensures that the terms of the agreement will govern the employment conditions of the workers at Austral Precast Queensland in Salisbury, providing a clear framework for the ongoing relationship between the employer and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established