Austral Precast (Qld) Pty Ltd Summary

[2014] FWCA 3246

FAIR WORK COMMISSION

DECISION

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

Austral Precast (Qld) Pty Ltd
(AG2014/990)

AUSTRAL PRECAST SALISBURY ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 16 MAY 2014

Application for approval of the Austral Precast Salisbury Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Austral Precast Salisbury 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 (Qld) 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 15 May 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 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 23 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Austral Precast (Qld) Pty Ltd brought an application seeking the approval of the Austral Precast Salisbury Enterprise Agreement 2014. The application was brought before the Fair Work Commission, as it pertains to industrial relations and the approval of enterprise agreements. The applicant sought to have the agreement, which covers its employees, approved under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, particularly whether it contained the necessary "no disadvantage" and "better off overall" tests. The Commission had to determine if the agreement provided employees with a safety net of minimum entitlements and if it was better off overall than the applicable award or safety net award. The applicant argued that the agreement provided for fair and reasonable terms and conditions and met the legislative requirements.

The Fair Work Commission found that the agreement satisfied the necessary criteria under the Fair Work Act. It provided for a safety net of minimum entitlements and was better off overall for the employees, as it included various benefits and protections. The Commission was satisfied that the agreement was fair and reasonable, taking into account the nature of the work and the circumstances of the parties. Consequently, the Commission approved the Austral Precast Salisbury Enterprise Agreement 2014.

The Fair Work Commission approved the Austral Precast Salisbury Enterprise Agreement 2014, finding it met the necessary requirements under the Fair Work Act. The agreement was deemed to be fair and reasonable, providing employees with a safety net of minimum entitlements and being better off overall than the applicable award or safety net award.

Austral Precast (Qld) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established