DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Precast (Qld) Pty Ltd T/A Austral Precast
(AG2017/3545)

AUSTRAL PRECAST SALISBURY ENTERPRISE AGREEMENT 2017

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 OCTOBER 2017

Application for approval of the Austral Precast Salisbury Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Austral Precast Salisbury 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 Austral Precast (Qld) Pty Ltd T/A Austral Precast. 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 2 November 2017. The nominal expiry date of the Agreement is 2 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Austral Precast (Qld) Pty Ltd T/A Austral Precast sought approval of the Austral Precast Salisbury Enterprise Agreement 2017. The application was heard in the Federal Circuit Court of Australia by Deputy President Harper. The dispute involved the terms of the enterprise agreement between the employer and the employees, specifically concerning the classification and pay rates of certain workers.

The court was tasked with determining whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. The key issue was whether the agreement appropriately balanced the rights and interests of both the employer and the employees, including ensuring that the employees were not disadvantaged by the terms of the agreement. The court also had to consider if the agreement was made in good faith and if it complied with the relevant provisions of the Fair Work Act.

The court found that the enterprise agreement was made in good faith and did not adversely affect the employees' rights or interests. The Deputy President concluded that the agreement appropriately balanced the rights and interests of both parties and complied with the statutory requirements. The Deputy President also found that the agreement did not disadvantage the employees and that it was fair and reasonable. The court approved the agreement, allowing it to come into effect from the date of the decision.

The final orders of the court were that the Austral Precast Salisbury Enterprise Agreement 2017 be, and was, approved under section 176 of the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would have effect from the date of the decision. The employees covered by the agreement would be entitled to the terms and conditions set out in the approved agreement, and the employer was bound by the terms of the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established